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-   -   Another fatal police shootin (https://www.subsim.com/radioroom/showthread.php?t=219533)

Bilge_Rat 04-08-15 11:18 AM

I'm sure Slager will claim self-defence. Obviously the claim won't stand up, but in some jurisdiction, even a mistaken belief in self-defence can get murder bumped down to manslaughter:

Quote:

For example, in the U.S. state of California a defendant can be convicted of manslaughter but not murder when imperfect self-defense applies.[2][3]

The doctrine of imperfect self-defense recognizes a defendant’s honest but unreasonable belief that deadly force is needed. An appellate court in Kansas held that "Imperfect self defense is an intentional killing committed with an unreasonable but honest belief that circumstances justified deadly force."[4]

Another court, in Maryland, held that:
When evidence is presented showing the defendant’s subjective belief that the use of force was necessary to prevent imminent death or serious bodily harm, the defendant is entitled to a proper instruction on imperfect self defense....The theory underlying the doctrine is that when a defendant uses deadly force with an honest but unreasonable belief that it is necessary to defend himself, the element of malice, necessary for a murder conviction, is lacking.
State v. Faulkner, 483 A.2d 759,769 (Md. 1984) [5]Michigan also recognizes imperfect self-defense as a qualified defense that can mitigate second-degree murder to voluntary manslaughter.[6] However, the doctrine can only be used where the defendant would have had a right to self-defense but for the fact that the defendant was the initial aggressor.[7]


http://en.wikipedia.org/wiki/Imperfect_self-defense

Von Tonner 04-08-15 11:29 AM

Quote:

Originally Posted by Bilge_Rat (Post 2304963)
unless they can prove mr. Slager deliberately wanted to kill mr. Scott.

Obviously Officer Slager's whole persona is going to come under intense scrutiny but I must confess let us put ourselves in his or any other law enforcement officers shoes. You are trained to enforce the law. You go about your duties and given what town, city, area you work you will undoubetedely come under abuse. Being called a pig, spat at, derided, mocked can after a stressful day make you do things you would not normally do.

Unfortunately an incident like this really does not address any issues other than race.

While I type this I am listening to our TV news and no surprises, of all the major news breaking out in the world and at home the news reader reads out what is coming up in the news. Coming up she reads, "A white policeman shoots a black man in the back in USA."

Notice the emphasis on race. Why define the race of the policeman or victim if not to stoke it up.

Of course nothing on Iran, UK, or any other issue impacting or might impact on our lives on the tip of SA. It is sickening that a news agency will take an item such as this shooting in the USA and prominently give it airtime - for what? - other than we are a country still sitting on a powder keg of coming to terms with our racial past and they see this as a golden opportunity in putting the white man in the worst possible light.

No different to a movie I once watched (cannot remember the name) where a film crew from a TV station actually went out and created the news.

Captain Vlad 04-08-15 11:34 AM

Quote:

Originally Posted by Bilge_Rat (Post 2304908)
I don't see how you could justify 1st degree murder, this does not fit the criteria of premeditated which requires advance planning.

Premeditation isn't the only criteria for first-degree murder in all states. If the officer was in fact putting the taser near the victim's body in this instance, that amounts to attempting to cover up the crime, which makes it a first-degree murder charge regardless of whether it was planned, at least in some locations.

danasan 04-08-15 12:52 PM

I beg your pardon, but 8 (eight!) shots fireing after a person running away?

(Are those cops trained in using firearms at all? I mean, seriously, at that given distance, 8 shots? )

If I was a cop and that guy were running towards me (with or without a weapon in his hands), I would feel myself in trouble and the need to stop him, not to kill him intentionally.

On a sidenote: I've been to America and I've been stopped by the police at night, while driving a car. It was a normal stop; we were eight German soldiers in a van we had rent: It is absolutely no good idea to do anything else but what the officer tells you to do. While the second officer is standing there, aiming in combat style...

I think, the footage prooves there is absolutely no justification for a deadly shot in this case. Edit: The only danger to the public seemed to be the cop fireing like an idiot.

Onkel Neal 04-08-15 01:24 PM

This looks cut and dried. Cop will be in prison for the rest of his life.

CaptainHaplo 04-08-15 01:59 PM

This will be a capital murder trial. The action of moving the stun gun to the body is what is termed an act of knowledgeable guilt. It shows the officer knew the situation showed guilt so he attempted to modify the scene to bolster his story. That action is enough to make it a capital case.

Rockstar 04-08-15 02:39 PM

If you look close you can see the taser leads appear to be attached to the taser unit and the victim. It is possible he may have moved it to prevent others yet to arrive on scene from getting entangled.

Aktungbby 04-08-15 02:44 PM

Watch again veeeeerrrryy carefully
 
Quote:

Originally Posted by danasan (Post 2304999)
I think, the footage prooves there is absolutely no justification for a deadly shot in this case. Edit: The only danger to the public seemed to be the cop fireing like an idiot.

Quote:

Originally Posted by Neal Stevens (Post 2305011)
This looks cut and dried. Cop will be in prison for the rest of his life.

Not so clearcut! After several reviewing's: The taser falls behind the officer and so it would not be clear at that point that it's not in the suspects hands as he running away. As in a previous thread, tasers are dangerous deadly weapons themselves decried by International Amnesty. I won't and don't carry one. It must not leave the officer's control as with any weapon he's responsible for to the public safety. The officers subsequent conduct including checking his pistol mag; he moved the now distant taser but later (appears) reholsters that as well...so evidence tampering or sloppy evidence handling but under post-shooting stress, not so unusual but not "leaving it to be found" either by a post-shoot team. He shoots for body mass: unfortunate S.O.P till the suspect falls; properly voice commands and cuffs the suspect and the black officer arrives to render first aid, displaying no concern over his colleague's conduct (body English as with SF's B.A.R.T station shooting)... all officers must be aware by now they're on camera. After Ferguson, no white officer does these things without cause. By-by 20 year retirement- alway$ #1 on all PD mind$! The video does not show what caused the officer to deploy a dangerous weapon initially; escalating above level one: his presence; level two: voice command to a sublethal (but not always) taser, level three...before resorting to deadly force, level four, as the belief the taser, (now actually three feet behind him ) compels him to stop a fleeing suspect...and who makes such a fuss over a broken taillight ticket to flee? I would be suspicious too. My Wife is the head of an entire child support division and that's no cause to fail to obey a peace officer. Two things: bottom line: this will be a police training film at academies by tonight; and the 50% (at least) African-American jury will be out on this till all the facts are in. Unlike the 'clean' Texas Convenience store-shoot out thread posted by Neal, not a clean shoot...but a lot of grey areas here.

August 04-08-15 03:08 PM

Quote:

Originally Posted by Nippelspanner (Post 2304966)
Which they won't but... popping a barrage of bullets into ones back is a rather obvious intention - in my books.
He can hardly defend himself saying that he was unaware of a possible deadly outcome, being a cop trained with firearms.

Agree 100% One bullet should be enough but 8 could hardly be considered anything else but an attempt to kill the victim.

Quote:

He will get his 2-5 years and that's it, cause he's a cop and cops are good guys, aren't they.

He ended a life like it's nothing.
I struggle to understand things like that... baffles me. :nope:
Maybe, but given the current political climate he might also be made an example of. At least that's the hope.

Nippelspanner 04-08-15 03:54 PM

Quote:

Originally Posted by August (Post 2305053)
Maybe, but given the current political climate he might also be made an example of. At least that's the hope.

True.
Also in this case, the evidence is clearly visible.
We'll see.

Bilge_Rat 04-08-15 04:36 PM

NBC has a better look at the video. It looks like whatever Slager dropped near the victim, most likely the Taser, he picks up and puts back in his belt after a few seconds and before the rest of the cops arrive. I don't see how you can make a case he was trying to "plant" evidence just based on the video.

link:

http://www.nbcnews.com/watch/nbcnews...g-424905283706

Aktungbby 04-08-15 07:18 PM

Quote:

Originally Posted by Bilge_Rat (Post 2305077)
NBC has a better look at the video. It looks like whatever Slager dropped near the victim, most likely the Taser, he picks up and puts back in his belt after a few seconds and before the rest of the cops arrive. I don't see how you can make a case he was trying to "plant" evidence just based on the video.

link:

http://www.nbcnews.com/watch/nbcnews...g-424905283706

Precisely!
Quote:

he moved the now distant taser but later (appears) reholsters that as well...so evidence tampering or sloppy evidence handling but under post-shooting stress, not so unusual but not "leaving it to be found" either by a post-shoot team.
He's concerned more with the first aid to the victim,( checking pulse), and not thinking crime scene management till conducted away by a fourth officer.

vienna 04-08-15 08:11 PM

Two thoughts:

1. Some states do have laws covering crimes committed under color of authority (i.e., officer in uniform, on duty, during performance of otherwise lawful duty). Often, this used to enhance whatever sentence the convicted person may receive or is treated as a separate crime. Does SC have such a law or laws?

2. The other officers who arrived on scene almost immediately after the shooting: what is in their reports regarding the incident? Did they make an attempt to shield the officer from possible culpability? If so, are they then accomplices after the fact?


<O>

NeonSamurai 04-09-15 01:33 AM

Quote:

Originally Posted by Von Tonner (Post 2304933)
Firing 8 bullets at a man running away from you can that be considered intention to kill? Given the area that the bullets hit the deceased. Whether one is a marksman or not, a bullet only hits the persons head if you pointed your gun at it.

Pistols are not lasers, they actually don't necessarily hit where you are aiming at. Its not unheard of to have shot groupings of a foot or more at 20 yards. Cops are also trained to aim for the center mass, and your aiming point will tend to drift upwards when firing multiple shots in rapid succession.

Quote:

Originally Posted by Von Tonner (Post 2304972)
Obviously Officer Slager's whole persona is going to come under intense scrutiny but I must confess let us put ourselves in his or any other law enforcement officers shoes. You are trained to enforce the law. You go about your duties and given what town, city, area you work you will undoubetedely come under abuse. Being called a pig, spat at, derided, mocked can after a stressful day make you do things you would not normally do.

The thing is though, I have met so many police officers where the term pig totally applies. Because they abuse their power (how many times have you seen a police officer go through a red light when they are clearly not responding to a call, or threaten you with arrest if you dare question them in any way). I could tell you about friends that had been assaulted by police officers, I've personally been harassed by them on numerous occasions when I was younger. Then there is the issues with corruption and criminality, and problems with racism in many police forces. Then throw on top of that, the blue wall.

This is not to say that all police officers are bad people, but I do think that the inherent power differential between police officers and the civilian populace is problematic.

Quote:

Unfortunately an incident like this really does not address any issues other than race.

While I type this I am listening to our TV news and no surprises, of all the major news breaking out in the world and at home the news reader reads out what is coming up in the news. Coming up she reads, "A white policeman shoots a black man in the back in USA."

Notice the emphasis on race. Why define the race of the policeman or victim if not to stoke it up.
Well given the long and extensive history of police forces regularly shooting unarmed black men to death (and not just in the US for that matter either). Race is very important in this case, I mean do you think this event would have happened if the person were white? When do you ever hear of a case involving a white officer shooting an unarmed white suspect? I feel a lot of this stems from the old problem of white people tending to assume criminality when meeting an unknown black man. This is why white women will cross the street when encountering a black man, and why officers are more prone to shooting, as they already have it in their mind that this person is a dangerous criminal.


Quote:

Originally Posted by danasan (Post 2304999)
I beg your pardon, but 8 (eight!) shots fireing after a person running away?

(Are those cops trained in using firearms at all? I mean, seriously, at that given distance, 8 shots? )

Police training with firearms can vary quite a bit between different police forces. Some get a lot of range time, others get almost none. There have also been lots of examples of police panic firing where 50+ shots are fired between a handful of officers at one suspect, generally emptying their magazines (sometimes even reloading and emptying a second mag). To me 8 shots seems reasonable at the range he opened up at, if he were trying to put the subject down. Keep in mind that his pistol would probably not have been overly accurate at that range given that officers are not generally supplied with match grade ammo, and who knows when he last fired that weapon.

Quote:

Originally Posted by Aktungbby (Post 2305047)
Not so clearcut! After several reviewing's: The taser falls behind the officer and so it would not be clear at that point that it's not in the suspects hands as he running away. As in a previous thread, tasers are dangerous deadly weapons themselves decried by International Amnesty. I won't and don't carry one. It must not leave the officer's control as with any weapon he's responsible for to the public safety.

Tasers are not a deadly weapon (I don't care what Amnesty International claims, I would hardly call them a knowledgeable source for weaponry). They are an LTL (Less Than Lethal) weapon, that is designed to temporarily incapacitate by muscle paralysis/disruption. This doesn't mean that it is not possible to kill someone with a taser, just that the weapon is not designed to kill, and has a very low probability of inducing death barring certain medical conditions. I do think however that police are far too inclined to use LTLs, particularly in situations where that level of force was not warranted.

Also FYI the officer had already expended the ranged payload of the taser into the suspect (he twice fired the taser) so the taser was at that point mostly inert (it would still be able to direct contact stun). So even if the suspect did have it, it would not have been of much threat to the officer or the populace.

Quote:

The video does not show what caused the officer to deploy a dangerous weapon initially; escalating above level one: his presence; level two: voice command to a sublethal (but not always) taser, level three...before resorting to deadly force, level four, as the belief the taser, (now actually three feet behind him ) compels him to stop a fleeing suspect...and who makes such a fuss over a broken taillight ticket to flee? I would be suspicious too. My Wife is the head of an entire child support division and that's no cause to fail to obey a peace officer.
Under most cases police officers are not allowed to shoot fleeing suspects unless that person has already shot at or threatened to shoot someone (which the officer witnessed), or is presently pointing a weapon at either the officer or any other person in the area or has started to raise their weapon. Simply being armed is not sufficient justification to open fire. Also attempting to flee from police does not indicate criminality, people panic and run from police all the time who were not guilty of any major crimes.

Also your chain of steps is highly inaccurate. Officers are not trained to react in steps, they are supposed to react based on the situation at hand as it evolves, including jumping to lethal response right away, or not escalating at all. Using LTL's does not come before resorting to deadly force. It's not about following steps, its about adapting to the present situation and the degree of force that can and should be legally applied.

Honestly in this case with the present evidence I feel this officer gravely overreacted from the start, which resulted in this man's death, all for a broken tail light.

Nippelspanner 04-09-15 04:30 AM

Quote:

Originally Posted by Aktungbby (Post 2305105)
He's concerned more with the first aid to the victim

Uh what?
There was nothing that I'd call "first aid" at all.
During the video I was thinking "Dude, you shot him, now at least try to help!" and he was just... waiting.

That's not first aid, that is watching someone die.


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