A Law Enforcement Officer is shot dead in the Oak Cliff section of Dallas.
An ARMED suspect flees
Law Enforcement was DISPATCHED to the Texas Theater, in the Oak Cliff section of Dallas, prompted by a call that the ARMED SUSPECT was in the theater.
They were met at the backdoor by Brewer who then identified the ARMED SUSPECT
(Brewer) "And I said, yes, I just seen him. And he asked me if I would point him out.
And I and two or three other officers walked out on the stage and I pointed him out"
Postal never used the word ARMED
Brewer never used the word ARMED
HOWEVER THE SUSPECT THAT SHOT TIPPIT WAS REPORTED AS ARMED
Do the math.
The Oswald Defense Team claims that the Law Enforcement Officers dispatched to the theater had no probable cause to detain and question said SUSPECT identified by Brewer
Mr. BELIN - Then what did you see?
Mr. BREWER - Well, I saw this policeman approach Oswald, and Oswald stood up and I heard some hollering. I don't know exactly what he said, and this man hit Patrolman McDonald.
Mr. BELIN - You say this man hit Patrolman McDonald. Did you know it was Patrolman McDonald?
Mr. BREWER - I didn't know his name, but I had seen him quite a few times around Oak Cliff. But I didn't know his name.
Mr. BELIN - Then you later found out this was Patrolman McDonald?
Mr. BREWER - Yes.
Mr. BELIN - Did you say this man was the same man?
Mr. BREWER - The same man that had stood in my lobby that I followed to the show.
Mr. BELIN - Who hit who first?
Mr. BREWER - Oswald hit McDonald first, and he knocked him to the seat.
Mr. BELIN - Who knocked who?
Mr. BREWER - He knocked McDonald down. McDonald fell against one of the seats. And then real quick he was back up.
Mr. BELIN - When you say he was----
Mr. BREWER - McDonald was back up. He just knocked him down for a second and he was back up. And I jumped off the stage and was walking toward that, and I saw this gun come up and----in Oswald's hand, a gun up in the air.
Mr. BELIN - Did you see from where the gun came?
Mr. BREWER - No.
Mr. BELIN - You saw the gun up in the air?
Mr. BREWER - And somebody hollered "He's got a gun."
And there were a couple of officers fighting him and taking the gun away from him, and they took the gun from him, and he was fighting, still fighting, and I heard some of the police holier, I don't know who it was, "Kill the President, will you." And I saw fists flying and they were hitting him.
Mr. BELIN - Was he fighting back at that time?
Mr. BREWER - Yes; he was fighting back.
Mr. BELIN - Then what happened?
Mr. BREWER - Well, just in a short time they put the handcuffs on him and they took him out.
Another witness George Applin
Mr. APPLIN - He started off, the officer said, "Will you stand up, please?" And he stood up.
Mr. BALL - How close were you to the officer and this man when you heard the officer say, "Stand up"?
Mr. APPLIN - I guess it was about--it was not over four seats down from the back, rear.
Mr. BALL - Were you at the rear?
Mr. APPLIN - Yes, sir; I was at the rear of the show.
Here's another point where the Oswald Defense Team "thinks" they know the protocol when searching an ARMED SUSPECT
Mr. BALL - Did he stand up?
Mr. APPLIN - Yes, sir; he did.
Mr. BALL - Then did he put his hand some place on Oswald?
Mr. APPLIN - Yes, sir; along about
Mr. BALL - Where?
Mr. APPLIN - I guess about his hips.
Mr. BALL - Then what did Oswald do?
Mr. APPLIN - He took a right-hand swing at him.
Mr. BALL - What did the officer do?
Mr. APPLIN - The officer grabbed him then.
Mr. BALL - Had you seen the pistol up to that time?
Mr. APPLIN - No, sir; there was not one in view then.
Mr. BALL - How soon after that did you see the pistol?
Mr. APPLIN - I guess it was about--I guess it was about 2 or 3 seconds.
Mr. BALL - Who pulled the pistol?
Mr. APPLIN - I guess it was Oswald, because--for one reason, that he had on a short sleeve shirt, and I seen a man's arm that was connected to the gun.
Mr. BALL - What did the officer do?
Mr. APPLIN - Well, the officer was scuffling with him there, and----
Mr. BALL - Did you hear anything?
Mr. APPLIN - Well, about the only thing I heard was the snap of the gun and the officer saying, "Here he is."
THE OSWALD DEFENSE TEAM CLAIMS THAT IT WAS A VIOLATION OF OSWALD'S CIVIL RIGHTS TO SEARCH OSWALD (THE ARMED SUSPECT)
A. Protect oneself from ARMED SUSPECT
B. Protect patrons in the proximity from ARMED SUSPECT
C. Verify that the SUSPECT that was identified by the witness (Brewer) is either ARMED or not by searching the SUSPECT.