Posted by moy23 on 4/14/2015 10:45:00 PM (view original):

Posted by bad_luck on 4/14/2015 9:52:00 PM (view original):

Posted by moy23 on 4/14/2015 9:05:00 PM (view original):

Posted by MikeT23 on 4/14/2015 3:25:00 PM (view original):
I'd say it seems odd that BL can't see the other side of the story but that's sort of his M.O.     I think a murder conviction is possible but not likely.   IMO, a lot will depend on the "chase", the struggle and what Slager knew about Scott when he ran the first time.    The "chase" was less than 100 yards.   I imagine the entire incident was less than 30 seconds.    If Slager didn't say "I'm gonna shoot this ******" when he jumped out of the car, it's mostly just reaction to the situation.

In police dashboard camera video released Monday evening, Slager can be heard telling a fellow officer after the shooting he didn't understand why Scott ran away. "I don't understand why he took off like that," Slager said. "I don't understand why he'd run." So that's what the cop knew when he ran.

Pretty strong evidence that Slager didn't think Scott was likely to harm someone else. So that takes both of the Tennessee v Garner allowances for shooting a fleeing suspect off of the table.

also doesn't sound like a guy acting out of malice. typically murder requires premeditation. juss sayin' (again)

Posted by bad_luck on 4/15/2015 12:37:00 AM (view original):
Malice IS intent to do harm. Jackass.

Posted by moy23 on 4/15/2015 12:20:00 AM (view original):

Posted by bad_luck on 4/14/2015 10:58:00 PM (view original):
Murder does not require premeditation. Malice aforethought simply means that you intended to cause harm.

Voluntary manslaughter also means you intended to do harm, only without malice. Both charges have intention to do harm. Murder is typically premeditated whereas voluntary manslaughter is in the heat of the moment. Go read up on manslaughter and then tell me what differeciates the two charges if not premeditation.

http://legal-dictionary.thefreedictionary.com/manslaughter

Posted by MikeT23 on 4/15/2015 8:14:00 AM (view original):
We don't have time, or bandwidth, to go thru the things BL doesn't know.    Pretty sure he said the charge was 2nd degree murder after he agreed 1st degree didn't apply.   Then, when he found out the SC doesn't have 2nd degree, he went with "Did you see the video?" as he go to response. 

Anyway, think about this.    You're stopped for a minor traffic violation on a Saturday morning.    Why would you run?   The cops have your name, your address and your car.   You aren't running over a broken tail light.    It's something bigger.    The cop doesn't know what it is but, when he catches you, you fight him for his taser.  WTF do you think goes thru the cops' mind at that point?    If you say anything other than "That guy is dangerous", you're full of ****.    You've gone from minor traffic violation to resisting arrest to assaulting a police officer in 30 seconds.    Why the **** wouldn't the cop think you're a danger to him and, possibly, society in general?

Posted by moy23 on 4/15/2015 9:03:00 AM (view original):

Posted by MikeT23 on 4/15/2015 8:14:00 AM (view original):
We don't have time, or bandwidth, to go thru the things BL doesn't know.    Pretty sure he said the charge was 2nd degree murder after he agreed 1st degree didn't apply.   Then, when he found out the SC doesn't have 2nd degree, he went with "Did you see the video?" as he go to response. 

Anyway, think about this.    You're stopped for a minor traffic violation on a Saturday morning.    Why would you run?   The cops have your name, your address and your car.   You aren't running over a broken tail light.    It's something bigger.    The cop doesn't know what it is but, when he catches you, you fight him for his taser.  WTF do you think goes thru the cops' mind at that point?    If you say anything other than "That guy is dangerous", you're full of ****.    You've gone from minor traffic violation to resisting arrest to assaulting a police officer in 30 seconds.    Why the **** wouldn't the cop think you're a danger to him and, possibly, society in general?

by law the jury has to put themselves in the cops shoes since he was on duty. that will only strengthen the case you just laid out. its manslaughter, that's what this cop did imo... at least at this point. more evidence will still come in, like that second witness that saw a 'tussle', etc.



Edit: found what I was looking for...

"police have an extra layer of legal protection from the Supreme Court, which ruled in 1989 that officers' actions "must be judged from the perspective of a reasonable officer on the scene," and that the "calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.""

Yeah, manslaughter would have been a walk in the park to prove.

As I said many pages ago, the conspiracy theorists will come out of the woodwork when he's found not guilty of murder and walks away with time served.   "THE DA WAS IN ON IT!!!!   THEY COULD HAVE PUT HIM AWAY FOR 5 YEARS AND NOW HE'S A FREE MAN!!!!!"

Posted by The Taint on 4/15/2015 9:39:00 AM (view original):
Why would you believe anything the cop says in this case? He drops the taser by the body and lies about CPR on the police report.

Posted by The Taint on 4/15/2015 9:42:00 AM (view original):
First degree murder. A deliberate, premeditated killing is generally considered a first degree murder. Where the defendant planned the killing (as in a poisoning), she will usually be charged with first degree murder. The Los Angeles district attorney charged O. J. Simpson with two first degree murder counts in the deaths of his ex-wife Nicole Simpson and another person. The district attorney brought the first degree murder charges based on crime scene evidence, including a bloody glove, and on evidence that Simpson allegedly spied on his wife prior to the killings. Such evidence could have indicated a plan or premeditation to commit the crimes.

Second degree murder. In the widely-reported shooting death of Florida teen Trayvon Martin, the prosecutor in Seminole County, Florida, charged neighborhood watch volunteer George Zimmerman with second degree murder. The reason that the prosecutor charged Zimmerman with second degree murder is that Zimmerman shot Martin and there is no evidence that the killing was premeditated. To win a conviction of Zimmerman on the charge, the prosecutor will have to prove to the jury that Zimmerman intended to inflict grievous bodily harm on Martin.

Felony murder. Let’s assume by way of example that Bonnie and Clyde rob a bank. Clyde shoots and kills the guard during a confrontation. Clyde is charged with first degree murder and Bonnie is charged with felony murder because the guard died during Bonnie’s participation as an accomplice in committing the dangerous felony of armed robbery. Now let’s assume instead that Bonnie waits behind the wheel of the getaway car while Clyde robs the bank. After the robbery, Clyde jumps into the car and Bonnie speeds off, accidentally hitting and killing a pedestrian. Both Bonnie and Clyde are charged with felony murder, again because they accidentally killed the pedestrian while committing a dangerous felony.

Aggravating circumstances. Murder committed under certain circumstances, such as by laying in wait, or murder targeting a person in a particular position, such as a police officer, judge, or firefighter, can lead to a more severe sentence, including the death penalty.