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Spacman
Mar 18, 2014

quote:

(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;


Killing a guy facing you with his hands up, who was running away before the first shot hit him, seems to violate that statute. Period.

Spacman fucked around with this message at 21:51 on Aug 15, 2014

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Joementum
May 23, 2004

jesus christ

Nonsense posted:

So this is a thing during CNN Don Lemon's report.

This also happened.

https://www.youtube.com/watch?v=-OhJntqxDdQ

Discospawn
Mar 3, 2007


Was he trying to say "Charles Manson" instead of "Charles Mason"?

eatenmyeyes
Mar 29, 2001

Grimey Drawer

Cuntpunch posted:

...pretty much requires an imminent threat to your life. Without some obvious application of deadly force, such as a weapon, this clause could literally turn any general fistfight into a shooting match because "well he hit me really hard and I thought I might die so I had to kill him first."
Please reread the statutory language. The threat of serious injury is sufficient.

Trabisnikof
Dec 24, 2005

evilweasel posted:

There are federal criminal laws that are strictly worded?

Well what federal statute would you think is most convict-able if you are a USDA?

Hate crime? No way. (unless secret recordings of the cop screaming about wanting to shoot blacks appears)

Conspiracy against rights? Nope, no conspiracy here.

Deprivation of Rights Under Color of Law? That's your best bet but you'd have to prove willful deprivation of rights. I think without any physical evidence contradicting the cop, there's not enough evidence that the officer willfully deprived Mike Brown of his rights to risk the humiliation of losing that case.

I don't think the feds are going to bring charges against the officer. I do bet they get a consent decree out of the local PD.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Well, he's right. We did arrest Hussein, not shoot him in the back when he was running away.

e: Black man not eloquent on live tv :lol:

Toxic Fart Syndrome
Jul 2, 2006

*hits A-THREAD-5*

Only 3.6 Roentgoons per hour ... not great, not terrible.




...the meter only goes to 3.6...

Pork Pro

So, what, exactly? If they had shot Saddam in his spider hole as he surrendered, maybe there would be a point to this, but he was executed after a lengthy trial where he was convicted of crimes against humanity.

FactsAreUseless
Feb 16, 2011

From NPR:

quote:

Jackson, speaking at an afternoon news conference, said he wanted to respond to questions raised about the timing of the release of the tape.

"This robbery does not relate to the initial contact between the officer and Michael Brown," he said, adding that the "strong-arm" (unarmed) robbery occurred about 10 minutes before the stop that led to the fatal shooting.

"It had nothing to do with the stop," Jackson said.

Asked why Officer Wilson stopped Brown, the police chief said because Brown and his friend "were walking down the middle of the street blocking traffic."

Jackson said he had gotten numerous Freedom of Information Act requests from the media to release the video. "I had to release it," he said.

"I had been sitting on it and too many people put in FOIA requests for it and I had to release it," he said.

"We needed to release that at the same time we released the name of the officer," he said.

chitoryu12
Apr 24, 2014

If he shot the guy for blocking traffic, does that technically make Brown a road rage victim?

FactsAreUseless
Feb 16, 2011

Does this count as an official police statement confirming that Brown was shot for jaywalking?

FactsAreUseless
Feb 16, 2011

Because I really want to be able to say "the police will shoot you for jaywalking if you're black" and be able to prove it.

Evil_Greven
Feb 20, 2007

Whadda I got to,
whadda I got to do
to wake ya up?

To shake ya up,
to break the structure up!?

WhiskeyJuvenile posted:

Well, he's right. We did arrest Hussein, not shoot him in the back when he was running away.

e: Black man not eloquent on live tv :lol:

It was hilarious because Republicans had been pushing the "HE AIN'T NEVER GONNA BE TAKEN ALIVE" thing for ages by that point.

Yeah, this dude made a quite valid analogy - we let loving Saddam Hussein surrender with his hands up, why didn't the cop let a barely 18 year old kid do the same?

Evil_Greven fucked around with this message at 22:07 on Aug 15, 2014

Somberbrero
Feb 14, 2009

ꜱʜʀɪᴍᴘ?

FactsAreUseless posted:

Does this count as an official police statement confirming that Brown was shot for jaywalking?

If NPR reports on it I expect to hear "Wilson stopped Brown after confirming that the offender was engaged in reckless crossing of the roadway."

Their coverage has been seriously lovely and I don't understand why. It got a little better on the DR show today, despite none of the guests I heard having the slightest understanding of St. Louis.

FactsAreUseless
Feb 16, 2011

Somberbrero posted:

If NPR reports on it I expect to hear "Wilson stopped Brown after confirming that the offender was engaged in reckless crossing of the roadway."

Their coverage has been seriously lovely and I don't understand why. It got a little better on the DR show today, despite none of the guests I heard having the slightest understanding of St. Louis.
Which show have you been listening to? Morning Edition's coverage has been all about community reaction, militarization of the police, and this morning they ran a StoryCorps segment by a black man who had been beaten and almost killed by police back in the late 2000s.

FactsAreUseless
Feb 16, 2011

Speaking of NPR, this just went up a little while ago.

quote:

Relatives of Michael Brown and attorneys representing the family held a news conference this afternoon, reiterating their charge that the release of the video purporting to show a robbery "was strategic and aimed at destroying the character" of the victim.

Anthony Gray, and attorney for the family, said the video was part of a "sideshow" to distract from the circumstances of the shooting.

He said the family's message was "do not take the bait."

"Don't take that to riot; don't take that to loot. The family has made clear that it doesn't want that," he said.

Eric Davis, a cousin of Brown's questioned whether the man in the robbery video was indeed his relative, but Daryl Parks, another attorney for the family, acknowledged that "It appears to be him.

"I wouldn't say that he robbed the store, but it does look like him," Parks said.

Despite the distractions, he said, "We continue to believe that the most important thing that happened that day in the middle of the street was that officers killed Mike."

MrBims
Sep 25, 2007

by Ralp

Toxic Fart Syndrome posted:

So, what, exactly? If they had shot Saddam in his spider hole as he surrendered, maybe there would be a point to this, but he was executed after a lengthy trial where he was convicted of crimes against humanity.

The point is that Saddam Hussein was treated better than an unarmed American was. Saddam was a mass-murderer and was given his choice of sugary breakfast cereals in prison, and couldn't get enough Doritos. Michael Brown was shot with his hands in the air and we're talking about how the officer may or may not have been influenced by knowing whether Michael had stolen some cigars. You can't get a more obvious double standard than that kind of comparison.

Arkane
Dec 19, 2006

by R. Guyovich

beefart posted:

I agree.



Sure, it's relevant, but this is exactly the kind of prejudice the law tries to keep out. Evidence of the robbery should be inadmissible to prove that he acted violently in the confrontation with the cop.

EDIT: also relevant

I still disagree: if the crime occurred, Brown was still fleeing from that crime as he still had the items in his possession (and one could basically put up a map showing the store's location and Brown's destination showing him en route). The fact that Brown could conceivably be fleeing from the scene of a crime directly correlates to what Brown's motive might have been in the altercation. I think it would be absolutely vital to the officer's defense, and I cannot imagine a judge throwing it out on the grounds that it is prejudicial (which is designed to prevent unrelated misdeeds from spoiling the mind of the jury and isn't designed as a cudgel to cut the legs out of someone's defense). To me, the argument that it is prejudicial holds little water and is vastly outweighed by the direct connection between the robbery events and the confrontation (which were separated by only a few minutes).

I guess we'll see who ends up being right, but I think it is a virtual certainty that it will be allowed in as part of his defense.

I would also reiterate for people that didn't read my first post that this isn't a defense of the police officer shooting Brown while he apparently had his hands in the air surrendering. There's really no defense for that, if that indeed went down.

Rhesus Pieces
Jun 27, 2005

Somberbrero
Feb 14, 2009

ꜱʜʀɪᴍᴘ?

FactsAreUseless posted:

Which show have you been listening to? Morning Edition's coverage has been all about community reaction, militarization of the police, and this morning they ran a StoryCorps segment by a black man who had been beaten and almost killed by police back in the late 2000s.

Good, I'm glad to hear that I'm wrong. Admittedly I switched it off yesterday on my drive to work. The Morning Edition subtext felt like it was focusing on the violent protests, but maybe I'm just too angry.

Arkane
Dec 19, 2006

by R. Guyovich

The Nate Silver of Missouri.

boner confessor
Apr 25, 2013

by R. Guyovich

Arkane posted:

I still disagree: if the crime occurred, Brown was still fleeing from that crime as he still had the items in his possession (and one could basically put up a map showing the store's location and Brown's destination showing him en route).

Ah yes, a teenager who smokes blunts had a blunt in his pocket. This means he was fleeing the scene of a crime.

The lighter in his pocket: an arson tool, to destroy incriminating evidence?????

Ernie Muppari
Aug 4, 2012

Keep this up G'Bert, and soon you won't have a pigeon to protect!

Popular Thug Drink posted:

Ah yes, a teenager who smokes blunts had a blunt in his pocket. This means he was fleeing the scene of a crime.

And therefore deserved death.

Evil_Greven
Feb 20, 2007

Whadda I got to,
whadda I got to do
to wake ya up?

To shake ya up,
to break the structure up!?

Arkane posted:

I would also reiterate for people that didn't read my first post that this isn't a defense of the police officer shooting Brown while he apparently had his hands in the air surrendering. There's really no defense for that, if that indeed went down.


Hahaha gently caress off Arkane

WhiskeyJuvenile posted:

Based on an eyewitness on twitter, it was noon (tweets showing up 1pm EST, which would be 12pm central) https://twitter.com/7im/timelines/499639344613695488

->

Evil_Greven posted:

That verifies it for sure, then. Thanks.

loving hell, Twitter is more useful than the professional media these days.
:nms: 12:05 PM - 9 Aug 2014 :nms:

->

quote:

m a r v a l a c e ‏@_amourlace 12:13 PM - 9 Aug 2014
@TheePharoah why did they shoot him?

quote:

Bruh. ‏@TheePharoah 12:14 PM - 9 Aug 2014
@_amourlace no reason! He was running!

quote:

DIGITAL ERA ‏@SLIKK_DARKO 12:59 PM - 9 Aug 2014
@TheePharoah nah u gone be cool, u just ain't gone forget that, so the boys shot him?

quote:

Bruh. ‏@TheePharoah 1:00 PM - 9 Aug 2014
@SLIKK_DARKO yeah man. 7 times i think

quote:

DIGITAL ERA ‏@SLIKK_DARKO 1:00 PM - 9 Aug 2014
@TheePharoah daaaamn wtf? They hella fuckin dirty man

quote:

DIGITAL ERA ‏@SLIKK_DARKO 1:00 PM - 9 Aug 2014
@TheePharoah from behind ?

quote:

Bruh. ‏@TheePharoah 1:01 PM - 9 Aug 2014
@SLIKK_DARKO the first two was, the next 5 werent, he turned around

Buckwheat Sings
Feb 9, 2005

Arkane posted:

The Nate Silver of Missouri.

He's a pollster?

BetterToRuleInHell
Jul 2, 2007

Touch my mask top
Get the chop chop

reguardless

hcreight
Mar 19, 2007

My name is Oliver Queen...

Buckwheat Sings posted:

He's a pollster?

Silver went on a silly twitter rant yesterday about how he got arrested one time for unjustified reasons and a few sites called him out on it. He later recognized he shouldn't have said anything and apologized.

The guy in the picture, unlike Silver, is making a fully realized point. Even if he could have used someone checking his spelling.

Arkane
Dec 19, 2006

by R. Guyovich

Buckwheat Sings posted:

He's a pollster?

Nate Silver wrote a story on Twitter about him being arrested, which was decent, but then it ends with him becoming friends with the cops and eatting a burrito or something. He was trying to relate it to Ferguson, but it came across really ham-fisted and awkward. Sorta like that dude with his "cool story bro" BB gun sign.

evilweasel
Aug 24, 2002

Arkane posted:

I still disagree: if the crime occurred, Brown was still fleeing from that crime as he still had the items in his possession (and one could basically put up a map showing the store's location and Brown's destination showing him en route). The fact that Brown could conceivably be fleeing from the scene of a crime directly correlates to what Brown's motive might have been in the altercation.

The issue is, I don't see any conceivable motive that, given the uncontested facts in the case, would be relevant.

Arkane
Dec 19, 2006

by R. Guyovich
From Jake Tapper just now:

"Ferguson police chief tells SLPD officer saw cigars in Brown's hands and then connected to robbery."

Referencing this story: http://m.stltoday.com/news/local/cr...bile_touch=true

Lesson in this flip-flop: Never trust a police report.

FactsAreUseless
Feb 16, 2011

evilweasel posted:

The issue is, I don't see any conceivable motive that, given the uncontested facts in the case, would be relevant.
That's not how it works. For most Americans, you're either a criminal or not. It's a blanket thing. If Brown was a criminal, he was a threat. It might seem ridiculous but that's what makes these allegations so important to the police department. Sure, this won't ever come up in court, but Wilson also won't ever face trial.

beefart
Jul 5, 2007

IT'S ON THE HOUSE OF AMON
~grandmaaaaaaa~

Arkane posted:

I still disagree: if the crime occurred, Brown was still fleeing from that crime as he still had the items in his possession (and one could basically put up a map showing the store's location and Brown's destination showing him en route). The fact that Brown could conceivably be fleeing from the scene of a crime directly correlates to what Brown's motive might have been in the altercation. I think it would be absolutely vital to the officer's defense, and I cannot imagine a judge throwing it out on the grounds that it is prejudicial (which is designed to prevent unrelated misdeeds from spoiling the mind of the jury and isn't designed as a cudgel to cut the legs out of someone's defense). To me, the argument that it is prejudicial holds little water and is vastly outweighed by the direct connection between the robbery events and the confrontation (which were separated by only a few minutes).

I guess we'll see who ends up being right, but I think it is a virtual certainty that it will be allowed in as part of his defense.

I would also reiterate for people that didn't read my first post that this isn't a defense of the police officer shooting Brown while he apparently had his hands in the air surrendering. There's really no defense for that, if that indeed went down.

Sure they can spin it that way but the fact remains, and it has been reiterated multiple times by the guys own employer, that the two incidents were unrelated. True, he may have committed a robbery and assaulted a store clerk, but the officer didn't know that when the shooting went down. It's factually impossible for the officer's intent to have been "to stop a bad dude who just robbed somebody," so it's completely irrelevant to what happened afterwards. If the prosecutor is worth his salt he'll address the robbery in a motion in limine during pre-trial and prevent it from coming into evidence.

Plus, I don't think this falls under the FRE 405(b) exception for specific instances of prior bad character where it is an essential part of the claim or defense, but I could be wrong (maybe evilweasel or another lawgoon can shed some light; I know it applies to negligent hiring cases and one other situation that I'm blanking on). If it's not covered by that, he's going to have to use only reputation or opinion evidence to undermine Brown's character, and the account of the robbery would be kept out on those grounds.

Mc Do Well
Aug 2, 2008

by FactsAreUseless
Armed Drones can kill suspects, instead of cops

Rand Paul 2016

evilweasel
Aug 24, 2002

FactsAreUseless posted:

That's not how it works. For most Americans, you're either a criminal or not. It's a blanket thing. If Brown was a criminal, he was a threat. It might seem ridiculous but that's what makes these allegations so important to the police department. Sure, this won't ever come up in court, but Wilson also won't ever face trial.

I am discussing what can and can't come up in court (and this is going to court).

Vermain
Sep 5, 2006



FactsAreUseless posted:

That's not how it works. For most Americans, you're either a criminal or not. It's a blanket thing. If Brown was a criminal, he was a threat. It might seem ridiculous but that's what makes these allegations so important to the police department. Sure, this won't ever come up in court, but Wilson also won't ever face trial.

I must admit some skepticism over the idea that anyone who thinks it's particularly relevant whether Brown actually committed the grievous crime of shoplifting is going to be thus convinced that he didn't deserve to be murdered by the police in the presence of compelling evidence that he was innocent.

KernelSlanders
May 27, 2013

Rogue operating systems on occasion spread lies and rumors about me.
Why do people keep talking about the USDA? Is there some other federal agency that goes by USDA other than the one that I deal with for animal husbandry regulations that could plausibly have some bearing on this case?

chitoryu12
Apr 24, 2014

KernelSlanders posted:

Why do people keep talking about the USDA? Is there some other federal agency that goes by USDA other than the one that I deal with for animal husbandry regulations that could plausibly have some bearing on this case?

I think they mean US District Attorney.

Zwiftef
Jun 30, 2002

SWIFT IS FAT, LOL

beefart posted:

Sure they can spin it that way but the fact remains, and it has been reiterated multiple times by the guys own employer, that the two incidents were unrelated. True, he may have committed a robbery and assaulted a store clerk, but the officer didn't know that when the shooting went down. It's factually impossible for the officer's intent to have been "to stop a bad dude who just robbed somebody," so it's completely irrelevant to what happened afterwards. If the prosecutor is worth his salt he'll address the robbery in a motion in limine during pre-trial and prevent it from coming into evidence.

Plus, I don't think this falls under the FRE 405(b) exception for specific instances of prior bad character where it is an essential part of the claim or defense, but I could be wrong (maybe evilweasel or another lawgoon can shed some light; I know it applies to negligent hiring cases and one other situation that I'm blanking on). If it's not covered by that, he's going to have to use only reputation or opinion evidence to undermine Brown's character, and the account of the robbery would be kept out on those grounds.

Honestly, the additional information makes it sound like the cop was racially profiling them.

Homura and Sickle
Apr 21, 2013

KernelSlanders posted:

Why do people keep talking about the USDA? Is there some other federal agency that goes by USDA other than the one that I deal with for animal husbandry regulations that could plausibly have some bearing on this case?

I assume they mean US Attorney, which were once called USDA.

edit: So what's the over under on this police chief obstructing justice/perjuring in the course of the investigation?

FactsAreUseless
Feb 16, 2011

Vermain posted:

I must admit some skepticism over the idea that anyone who thinks it's particularly relevant whether Brown actually committed the grievous crime of shoplifting is going to be thus convinced that he didn't deserve to be murdered by the police in the presence of compelling evidence that he was innocent.
I think there are plenty of people who are just racist and react accordingly. But America has really weird attitudes about crime and criminals. It's why we have tough on crime laws and mandatory minimums and so forth. Many people categorize someone as "criminal" or "not criminal." So part of the reason the police released this information was to get Brown into the "criminal" category. If he was a criminal, of course he would attack a police officer. That's what criminals do.

It matters for a lot of the undecideds and people who aren't going to automatically assume Brown deserved it because racism.

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chitoryu12
Apr 24, 2014

Zwiftef posted:

Honestly, the additional information makes it sound like the cop was racially profiling them.

It's almost 100% guaranteed that Wilson was racially profiling him. A white guy in well-fitting clothes wouldn't have been approached with nearly as much aggression and probably wouldn't have been shot while fleeing and surrendering.

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