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A Texas judge is defending a Facebook post about the San Antonio cop killer, denying there was a racial component to the reference to a “tree and a rope.”

Emotions in the community are running high, after San Antonio police officer Detective Benjamin Marconi was gunned down in cold blood in an apparent assassination without any element of a justifiable self-defense claim.

Otis Tyrone McKane, who confessed, says he is, “sorry,” for murdering the 20-year police force veteran and father of two who was working an extra shift on the day of his death.

Although McKane acknowledged that Marconi was “somebody who didn’t deserve it,” his casual explanation – that he was “upset” about his custody situation has outraged the community and law enforcement officials throughout the state and the nation.

The confessed killer blamed his action on… society.

“Society not allowing me to see my son. I’ve been through several custody battles and I was upset at the situation I was in.”

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Marconi, who worked the Special Victims Unit, was shot in the face and the back of his head while he sat in his patrol car in broad daylight.

Now County Judge James Oakley of Spicewood, Texas in Burnet County two hours north of San Antonio posted the comment on the San Antonio Police Department’s Facebook wall under McKane’s mugshot, and says the language was “unfortunate,” but was not racist – although he acknowledged in retrospect that it could be interpreted as such.

“I never made that connection but I do see how somebody could make that connection and be offended towards that. That was not my intent. Maybe I watched too many Westerns when I was little,” Oakley said in an interview, referencing the quick and certain justice that was meted out to outlaws in the days of the Wild West.

“What I should have posted, if anything, is a comment that more clearly reflects my opinion on the cowardly crime of the senseless murder of a law enforcement officer.”

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