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Jarmak
Jan 24, 2005

Bel Shazar posted:

I can't speak for the officers on the scene, but the ones that erased the footage qualify for Accessory after the Fact.

He was talking about the officers at the scene, the BK footage is a different issue.


AreWeDrunkYet posted:

don't the police have any sort of responsibility to arrest someone when they clearly see a murder happening in front of them? I realize police don't have any specific duty to protect an individual, but surely some laws are being broken if police officers watch someone pump bullets into someone laying on the ground and their response is "eh, gently caress it" rather than taking action to arrest the individual.

No, not at all.

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AreWeDrunkYet
Jul 8, 2006

Jarmak posted:

No, not at all.

Fair enough, though it is disconcerting that the police have no legal obligation to intervene if they witness a murder. Most of the case law I have seen about this removes that responsibility for some secondary effect - failing to enforce a restraining order or failing to respond to a call that then results in someone dying. Giving police the option to ignore a murder they witness seems like it would be taking that another step.

I assume they at least have a professional obligation though? Why wouldn't they have been fired for ignoring a murder happening right in front of their faces?

AreWeDrunkYet fucked around with this message at 19:24 on Nov 25, 2015

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe
You see, police don't actually have to do anything. But they're essential for society.

Dead Reckoning
Sep 13, 2011
Has the manager actually provided names or badge numbers, or have any of the officers present come forward to say they were in Burger King? Even if the footage was unambiguously erased, it's hard to file charges against "unknown John Doe 1-5."

Trabisnikof
Dec 24, 2005

Dead Reckoning posted:

Has the manager actually provided names or badge numbers, or have any of the officers present come forward to say they were in Burger King? Even if the footage was unambiguously erased, it's hard to file charges against "unknown John Doe 1-5."

If only there was some sort of department designed to investigate crimes, even in cases where the criminals don't come forward and give their names.

Eggplant Squire
Aug 14, 2003


Imagine if every investigation of a crime ended at "well that guy in the tape isn't wearing a name tag, I guess he's outwitted us."

Jarmak
Jan 24, 2005

AreWeDrunkYet posted:

Fair enough, though it is disconcerting that the police have no legal obligation to intervene if they witness a murder. Most of the case law I have seen about this removes that responsibility for some secondary effect - failing to enforce a restraining order or failing to respond to a call that then results in someone dying. Giving police the option to ignore a murder they witness seems like it would be taking that another step.

I assume they at least have a professional obligation though? Why wouldn't they have been fired for ignoring a murder happening right in front of their faces?

There's an established procedure for investigating officer involved shootings, which from what I can tell was followed (except for whatever happened at burger king), that's what their professional obligation would be.

Submarine Sandpaper
May 27, 2007


Jarmak posted:

There's an established procedure for investigating officer involved shootings, which from what I can tell was followed (except for whatever happened at burger king), that's what their professional obligation would be.
Don't forget the witness intimidation.

Jarmak
Jan 24, 2005

Mr. Wookums posted:

Don't forget the witness intimidation.

what witness intimidation?

Dead Reckoning
Sep 13, 2011

Radish posted:

Imagine if every investigation of a crime ended at "well that guy in the tape isn't wearing a name tag, I guess he's outwitted us."
So there is video of the four to five police officers wearing blue and white shirts entering Burger King? I'm asking because I can't find a source online. It seems like it would be pretty easy to ID them if that is the case.

Submarine Sandpaper
May 27, 2007


Jarmak posted:

what witness intimidation?
Someone posted previously that there was a witness to the McDonald shooting that the police made sure they forgot what they saw during the BK incident.

AreWeDrunkYet
Jul 8, 2006

Jarmak posted:

There's an established procedure for investigating officer involved shootings, which from what I can tell was followed (except for whatever happened at burger king), that's what their professional obligation would be.

In what world is the established procedure for dealing with a man who shot someone walking away from him then continued to dump his magazine into the body now twitching on the ground not immediately neutralizing and arresting the shooter?

e: "Officer involved shooting". Are you implying that if it was Van Dyke who was shot 16 times including a bunch of shots while he was on the ground, McDonald wouldn't have been immediately arrested (assuming he survived)? Or are you just using a passive euphemism for "cop shot someone" to downplay the circumstances?

AreWeDrunkYet fucked around with this message at 19:46 on Nov 25, 2015

Trabisnikof
Dec 24, 2005

Jarmak posted:

There's an established procedure for investigating officer involved shootings, which from what I can tell was followed (except for whatever happened at burger king), that's what their professional obligation would be.

Sure, it might be "established procedure" for investigating cops killing people to tell witnesses to leave the area and not take any of their information.

However, if this had been a killer who didn't wear their uniform, they probably would have taken witness statements or at least taken down their information for later contact.

lfield
May 10, 2008
The police officers who went into the BK would probably not be hard to identify given that the pool of suspects is solely members of one police force who were on duty and at the scene that night. They could just have the BK manager see if they could ID them.

Not the hardest investigation, you'd imagine.

Eggplant Squire
Aug 14, 2003


Burger King has been pretty adamant that the video was deleted after giving it to the police so normally I would think they would go after whoever would have been the most likely to be in that area at that time and day and crosscheck that with the witnesses who gave them access to the tapes in order to try and catch blatantly illegal destruction of evidence.

I mean I could be totally wrong and they've spent the last year trying to build up a case against those specific officers but I'm not really confident in that.

Eggplant Squire fucked around with this message at 19:50 on Nov 25, 2015

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Dead Reckoning posted:

Has the manager actually provided names or badge numbers, or have any of the officers present come forward to say they were in Burger King? Even if the footage was unambiguously erased, it's hard to file charges against "unknown John Doe 1-5."

Look, this just happened Oct. 2014. It's completely unreasonable to expect investigators to have figured out this whodunit in a year. The best thing we can do is investigate to the fullest extent we can and maybe our children or our children's children will have enough time to bring the perp to justice.

(USER WAS PUT ON PROBATION FOR THIS POST)

Grundulum
Feb 28, 2006

Jarmak posted:

He was talking about the officers at the scene, the BK footage is a different issue.

You're correct; I was referring to officers at the scene. I don't know the precise legal term (a running refrain in this thread!), but I have a strong suspicion that if the situation were reversed, and several of McDonald's associates were present while van Dyke was shot repeatedly, they would have been arrested for *something*. Whatever that something is, that's what I am asking about.

Submarine Sandpaper
May 27, 2007


Grundulum posted:

You're correct; I was referring to officers at the scene. I don't know the precise legal term (a running refrain in this thread!), but I have a strong suspicion that if the situation were reversed, and several of McDonald's associates were present while van Dyke was shot repeatedly, they would have been arrested for *something*. Whatever that something is, that's what I am asking about.
In Chicago it's customary to go with the police to a black site to be subject to"enhanced interrogation" in those circumstances.

Hail Mr. Satan!
Oct 3, 2009

by zen death robot
Well hold up, the BK evidence might not have been useful anyhow, unless Burger King had a specialist that could confirm the footage was indeed a recording

Dead Reckoning
Sep 13, 2011

Radish posted:

Burger King has been pretty adamant that the video was deleted after giving it to the police so normally I would think they would go after whoever would have been the most likely to be in that area at that time and day and crosscheck that with the witnesses who gave them access to the tapes in order to try and catch blatantly illegal destruction of evidence.

I mean I could be totally wrong and they've spent the last year trying to build up a case against those specific officers but I'm not really confident in that.
Even assuming that the manager could pick the four or five (he's not sure) guys out of a line up, and none of them had alibis, "a guy says you were there when a crime we have no physical or documentary evidence of allegedly occurred" is not a strong start to an interview. The fact that some of the tape is missing does not by itself prove someone tampered with it.

Raerlynn
Oct 28, 2007

Sorry I'm late, I'm afraid I got lost on the path of life.

Dead Reckoning posted:

Even assuming that the manager could pick the four or five (he's not sure) guys out of a line up, and none of them had alibis, "a guy says you were there when a crime we have no physical or documentary evidence of allegedly occurred" is not a strong start to an interview. The fact that some of the tape is missing does not by itself prove someone tampered with it.

Sounds like a detail that should be decided at a trial to me.

Eggplant Squire
Aug 14, 2003


Yeah we wouldn't want to convict someone based on testimony and no evidence, that sort of thing is unheard of in Chicago.

http://www.chicagotribune.com/news/local/breaking/ct-burge-guilty-plea-dismissed-met-20150812-story.html

But this was overturned after 24 years so I guess the system works.



http://crooksandliars.com/2015/11/burger-king-confirms-chicago-police

The District Manager for Burger King is very adamant that they deleted the video and I would assume there were multiple witnesses on staff at that time, computer logs, and possibly other clues to their identities they left behind in that store. I'm pretty sure they could build a case against these guys without needing a written confession and a videotape of them doing the crime that was zoomed in on their ID badges if the will was actually there to investigate this crime.

Dead Reckoning
Sep 13, 2011

Raerlynn posted:

Sounds like a detail that should be decided at a trial to me.
If I recall correctly, a judge can instruct a jury to assume that evidence was unfavorable to the defendant if the defendant destroyed evidence... But that would involve proving that the defendant or his associates destroyed evidence in the first place, which is the sticking point here. Unless there is some sort of corroboration, the testimony of the BK manager doesn't rise to that level.

Radish posted:

The District Manager for Burger King is very adamant that they deleted the video and I would assume there were multiple witnesses on staff at that time, computer logs, and possibly other clues to their identities they left behind in that store. I'm pretty sure they could build a case against these guys without needing a written confession and a videotape of them doing the crime that was zoomed in on their ID badges if the will was actually there to investigate this crime.
That's a whole lot of assuming. Any facts?

Trabisnikof
Dec 24, 2005

Radish posted:

http://crooksandliars.com/2015/11/burger-king-confirms-chicago-police

The District Manager for Burger King is very adamant that they deleted the video and I would assume there were multiple witnesses on staff at that time, computer logs, and possibly other clues to their identities they left behind in that store. I'm pretty sure they could build a case against these guys without needing a written confession and a videotape of them doing the crime that was zoomed in on their ID badges if the will was actually there to investigate this crime.

Imagine if "officer involved shooting" meant the cop got shot. They'd have fingerprinted the entire room, canvased the block, and charged with accessory to murder anyone that had destroyed video evidence of the police officer being shot.

But since "officer involved shooting" means cop shot someone else, they get to pretend its impossible to investigate.

Submarine Sandpaper
May 27, 2007


If only the car that captured the dashcam turned a little more it would still be a good shoot.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
Fun fact I just learned, the prosecutor who took a year to charge Van Dyke for killing McDonald is the same one who purposefully mischarged the officer who killed Rekia Boyd when he fired indiscriminately into a crowd so that he wouldn't face any consequences for killing someone.

Eggplant Squire
Aug 14, 2003


Hmm if only there was some sort of investigation into this alleged crime maybe we could have some facts to bounce around and maybe have a trial based on that. Sure is weird that the officers went through a bunch of footage before an investigation was even opened and the staff at the store are so sure that footage was deleted they are willing to make public statements to that fact, oh well we don't have facts and there is no way to get them so we have to assume nothing happened.

Silver Nitrate
Oct 17, 2005

WHAT
A gun was fired at the 4th Precinct Shut Down in Minneapolis, again.

quote:

Shots were fired early Wednesday morning near the scene of a Minneapolis protest for the second night in a row. One man was arrested, but there were no reports of injuries, police said.

https://www.washingtonpost.com/news/morning-mix/wp/2015/11/25/shots-fired-at-minneapolis-protest-2nd-night-in-a-row/

Eggplant Squire
Aug 14, 2003


Wow that event is like a white supremacist honeypot.

Silver Nitrate
Oct 17, 2005

WHAT
Minnesota is racist and segregated as gently caress. We just don't talk about it, because it's impolite.

Dead Reckoning
Sep 13, 2011

PostNouveau posted:

Fun fact I just learned, the prosecutor... purposefully mischarged the officer who killed Rekia Boyd when he fired indiscriminately into a crowd so that he wouldn't face any consequences for killing someone.
You have no real basis for making this allegation, except that someone planning to run against her in the next election suggested it.

It's funny though, because A Fancy Bloke and Devor were insisting back on page 346 that the cop who shot Tamir Rice should be charged with manslaughter, and this is what happened when a prosecutor tried that strategy IRL.

Hail Mr. Satan!
Oct 3, 2009

by zen death robot
There's a subtle difference in that at least my pleas for manslaughter were a desire to see him charged for loving ANYTHING rather than a murder charge

lfield
May 10, 2008

Dead Reckoning posted:

You have no real basis for making this allegation, except that someone planning to run against her in the next election suggested it.

It's funny though, because A Fancy Bloke and Devor were insisting back on page 346 that the cop who shot Tamir Rice should be charged with manslaughter, and this is what happened when a prosecutor tried that strategy IRL.

Didn't she charge a similar case as murder? I think I remember something like that.

e: Looked it up, Miguel Adorno was the name of the guy. Fired behind him into a crowd, charged with attempted murder and got 15 years for it.

lfield fucked around with this message at 22:32 on Nov 25, 2015

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Dead Reckoning posted:

You have no real basis for making this allegation, except that someone planning to run against her in the next election suggested it.

It's funny though, because A Fancy Bloke and Devor were insisting back on page 346 that the cop who shot Tamir Rice should be charged with manslaughter, and this is what happened when a prosecutor tried that strategy IRL.

Isn't it the case where she charged it involuntary manslaughter and the trial judge's ruling was "it's blindingly obvious this was mischarged, so not guilty"?

Terraplane
Aug 16, 2007

And when I mash down on your little starter, then your spark plug will give me fire.

Dead Reckoning posted:

You have no real basis for making this allegation, except that someone planning to run against her in the next election suggested it.

You're right, she could just be grossly incompetent. Whew, what a relief!

Silver Nitrate
Oct 17, 2005

WHAT
From the executive producer of FOX 9 News:


Turns out the person who shot the protesters in Minneapolis was the friend of a cop!

https://twitter.com/Seth_Kaplan/status/669641224198844416

Grundulum
Feb 28, 2006
Friend of a cop doesn't mean much to me, unless that earns him special treatment that wouldn't be afforded to non-friends.

Jarmak
Jan 24, 2005

AreWeDrunkYet posted:

In what world is the established procedure for dealing with a man who shot someone walking away from him then continued to dump his magazine into the body now twitching on the ground not immediately neutralizing and arresting the shooter?

e: "Officer involved shooting". Are you implying that if it was Van Dyke who was shot 16 times including a bunch of shots while he was on the ground, McDonald wouldn't have been immediately arrested (assuming he survived)? Or are you just using a passive euphemism for "cop shot someone" to downplay the circumstances?

Its not a euphemism, when a cop shoots someone its not treated the same because cops have to shoot people sometimes as part of their job, I'm not sure why this is hard/controversial.



Grundulum posted:

You're correct; I was referring to officers at the scene. I don't know the precise legal term (a running refrain in this thread!), but I have a strong suspicion that if the situation were reversed, and several of McDonald's associates were present while van Dyke was shot repeatedly, they would have been arrested for *something*. Whatever that something is, that's what I am asking about.

They wouldn't be, being a witness to a crime is not a crime.

Is there something they did that you think amounts to accessory to murder or is this just a "gently caress those guys for being cops" type of crime?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Silver Nitrate posted:

From the executive producer of FOX 9 News:


Turns out the person who shot the protesters in Minneapolis was the friend of a cop!

https://twitter.com/Seth_Kaplan/status/669641224198844416

Which earned him getting snitched out by the cop. Sounds like the system worked in that one case.

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Devor
Nov 30, 2004
Lurking more.

Silver Nitrate posted:

From the executive producer of FOX 9 News:


Turns out the person who shot the protesters in Minneapolis was the friend of a cop!

https://twitter.com/Seth_Kaplan/status/669641224198844416

The cop immediately turned him in and swore out a report, so, great.

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