Dallas police officer enters man's apartment and shoots him (split from anthem thread)

[MyGodWearsAHoodie]

I'm not sure if she was still being paid or not, I have not seen either way. She is fired now though.

finally.

[masterfins]

Wow .... the process is working huh? Imagine that. I can't believe the whole country didn't burn down on day one before any facts came out and yet the process is still working. 

I don't think he was considered "black enough" for the BLM movement to care about.

[Phishfan]

 

[pondwater]

I don't think he was considered "black enough" for the BLM movement to care about.

With the state of affairs in Chicago and Baltimore it's more like "NO LIVES MATTER".

[Spider-Dan]

I don't think he was considered "black enough" for the BLM movement to care about.

So I guess you weren't paying attention earlier in this thread when Hoodie pointed out that 9 people were arrested for protesting the lack of police action regarding his death, because that sounds like "caring" to me.

[masterfins]

So I guess you weren't paying attention earlier in this thread when Hoodie pointed out that 9 people were arrested for protesting the lack of police action regarding his death, because that sounds like "caring" to me.

Read your own article you are quoting.  This wasn't a BLM protest, it was less than 100 people (looks like about a total of 50 from the pick), and was made up partly of family members.  What CF was saying, and what I was replying to, was that it wasn't like other BLM protests were there are THOUSANDS of people rioting, resulting in hundreds of armed police and militia to try and keep the peace.

Ya know Spider you don't have to inject your extreme left viewpoint on every single post. 

[Spider-Dan]

Your standard for what is and is not a "BLM protest" is rather unclear, as I'm sure there were people affiliated with "the BLM movement" that participated.

But more importantly, I don't really understand the point you were trying to make.  Are you saying that you believe BLM is less active than they should be?

[Pappy13]

The officer has been indicted on murder and manslaughter charges.

https://www.msn.com/en-us/news/us/dallas-officer-who-shot-man-in-his-own-apartment-indicted-on-manslaughter-charge/ar-BBQjH59?ocid=spartanntp

[MyGodWearsAHoodie]

Most interesting part is the DA only asked for manslaughter, but the grand jury saw it for what it was murder.  It is extremely rare for a grand jury to indicate on more serious charges than what the DA requests.

[masterfins]

Most interesting part is the DA only asked for manslaughter, but the grand jury saw it for what it was murder.  It is extremely rare for a grand jury to indicate on more serious charges than what the DA requests.

Two months ago when she was arrested by the Texas Rangers, the Rangers charged her with manslaughter.  When there were complaints about that the DA made the excuse that it wasn't their office that filed the charge, but that it was done by the Rangers.  So it seems when the DA's office presented it to the grand jury they must have argued to the grand jury for the more severe charge.

[MyGodWearsAHoodie]

Two months ago when she was arrested by the Texas Rangers, the Rangers charged her with manslaughter.  When there were complaints about that the DA made the excuse that it wasn't their office that filed the charge, but that it was done by the Rangers.  So it seems when the DA's office presented it to the grand jury they must have argued to the grand jury for the more severe charge.

nope.  da asked for manslaughter but told the grand jury they could indict her on stronger or weaker charges. 

[SCFinfan]

I think this indictment both helps and hurts the prosecution.

1. The indictment hurts the prosecution because, mainly, I don't think they'll prove murder. From what I've read the DA was asking for manslaughter. If the DA is hoping for the lesser charge, that action betrays a lack of confidence in the evidence to prove the elements of murder, and/or a lack of desire to prosecute based on the evidence at hand. As far as I understand the Texas system, it rewards prosecutors who push the limits of evidence and win nonetheless, so, I doubt the second inference is likely: it's therefore probably the first, unless I'm missing some context. We have seen many a high profile murder case fizzle out in the last few years: George Zimmerman, Casey Anthony, Michael Slager, etc, where, at first, the evidence appeared overwhelmingly in favor of the prosecution. Here, from the outset, it does not appear so overwhelming, thus, it would give me pause, as the prosecutor, before I proceeded on the murder charge.

2. However, it helps the prosecution because they can always just ask for a lesser-included jury charge at the end of the trial (or at whatever point is proper under Texas law if it's not like SC law, where jury charges come last). A lesser-included charge is one which has similar elements to the charge at trial, but merely lacks one or two which makes it a lesser crime. Example: larceny (a taking of someone else's goods with the intent to permanently deprive the victim thereof) vs robbery (the taking of someone else's goods with or by force with the intent to permanently deprive the victim thereof) which I hope you can clearly see one is just a lesser "flavor" of the other, as it lacks the element of force.

I would be very cautious as a prosecutor here: when you're doing this, you're undermining your police force's confidence in you (the thin blue line/stick together mentality). You work with these people. Yes, they're human, they make mistakes, and they should be held to the same standard, but, as a prosecutor, no matter what happens in this trial, you're still going to have to wake up the day after the verdict comes down and work again with these people. If they don't trust you, especially if the police are politically powerful in your jurisdiction (they're not where I've worked in SC, so, meh) you won't be able to get your job done. You may find yourself on the outs at your job. Worse, if you lose your prosecutorial job, and become a defense attorney, (bc that's what good ex-prosecutors tend to do) they may hate you, and may give you no deals, (which, let's face it, defense attorneys rely on in a lot of cases) or request specific harsh prosecution of your people. A *lot* - I wish to emphasize this point - of bad outcomes can result from prosecuting a police officer, which is why, IMO, it often seems like prosecutors and the like are so ginger in their prosecution. I wish these folks good luck in whatever they end up doing, and hopefully justice (tinged with mercy) prevails.

[MyGodWearsAHoodie]

I disagree with your first paragraph because I agree with your third paragraph.  The evidence supports murder.  The DA choose manslughter because of the blue line.  Reverse the participatans and this becomes a case where the DA gets a lot a more aggressive to set an example that immigrant murders can’t get away with coming into the home of LEOs and commit murder.  probably asking for the death penalty.

[SCFinfan]

I disagree with your first paragraph because I agree with your third paragraph.  The evidence supports murder.  The DA choose manslughter because of the blue line.  Reverse the participatans and this becomes a case where the DA gets a lot a more aggressive to set an example that immigrant murders can’t get away with coming into the home of LEOs and commit murder.  probably asking for the death penalty.

I thought the Rangers were the ones that made it a manslaughter case. I thought they were the ones who arrested her?

[MyGodWearsAHoodie]

Rangers arrested her but I don’t think the DA has to follow that and can charge them as they feel free. 

But that isn’t really the point.  Point is neither the DA nor the rangers have a vigorous desire for justice for the victims but rather are motivated to be merciful towards the defendant.  This is the norm in most cases when a cop kills or beats up a civilian.  OTOH if someone kills a cop it is all about justice regardless of circumstances.