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Med Examiner - Brooks shot twice in the back. NAACP lawyers demand charges - murder. (Original Post) jmg257 Jun 2020 OP
The Union rep has a good point IMHO. yet shot in the back. This one is messy. riversedge Jun 2020 #1
Not a good point. Nevilledog Jun 2020 #7
I don't know anything about tasers--other than they shock people. Thanks for info. riversedge Jun 2020 #12
My understanding is that he fired the tazer at the cop and missed. Tazer must be reloaded each use. Midnight Writer Jun 2020 #16
This is my understanding also in the main reason the cop was fired he new the taser was not armed uponit7771 Jun 2020 #17
Woah! CountAllVotes Jun 2020 #2
Well, as one of our self-appointed "instructors" here says, that has to be premeditated. Tipperary Jun 2020 #3
There is no "Murder 1" in Georgia. sir pball Jun 2020 #8
I agree. I think this was a steroid cop acting like a complete ass. Tipperary Jun 2020 #9
Even with Chauvin it wouldn't be "murder 1" sir pball Jun 2020 #10
He was 20 feet away running away practically pointing it up un the air. aeromanKC Jun 2020 #4
Agreed. Law professor saying DA is looking at felony murder, murder, involuntary manslaughter. jmg257 Jun 2020 #5
Good to hear. aeromanKC Jun 2020 #6
Murder 1. No question. Laelth Jun 2020 #11
Maybe when the police run the license plates Turbineguy Jun 2020 #13
You know thats a great point. Be reminded of the humanity of the people you'll jmg257 Jun 2020 #14
Don't think police should shoot unarmed man fleeing, except in cases where the Hoyt Jun 2020 #15
Was the taser fired? SlogginThroughIt Jun 2020 #18

Nevilledog

(51,201 posts)
7. Not a good point.
Sun Jun 14, 2020, 09:28 PM
Jun 2020

Don't matter if you're trained or untrained, nobody's dying from a taser from 20 to 25 feet away.

That's a bullshit excuse.

Midnight Writer

(21,803 posts)
16. My understanding is that he fired the tazer at the cop and missed. Tazer must be reloaded each use.
Sun Jun 14, 2020, 11:47 PM
Jun 2020

I believe the base can be used as a stun gun after the barbs are fired, but to "shoot" the thing you need to reload the barbs.

Therefore, the weapon he was running with was already discharged, and a much lesser threat.

I have also read six shots fired, now this says two bullet wounds.

Did this cop shoot four errant rounds into an area full of civilians?

 

Tipperary

(6,930 posts)
3. Well, as one of our self-appointed "instructors" here says, that has to be premeditated.
Sun Jun 14, 2020, 09:15 PM
Jun 2020

I firmly believe the murderer of George Floyd formed the intent to murder, and it should be murder one. This case, probably not.

sir pball

(4,761 posts)
8. There is no "Murder 1" in Georgia.
Sun Jun 14, 2020, 09:33 PM
Jun 2020

Murder is murder with a couple of narrow exceptions:

§ 16-5-1. Murder; malice murder; felony murder; murder in the second degree
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c) A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
(d) A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
(e)
(1) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
(2) A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.
(Source)

I'd be more comfortable with included charges, give the jury an option if they "just can't convict a cop".

Premeditation in states with murder 1 isn't just intent though, it's thinking about it ahead, planning, so forth and so on - i.e. you wake up thinking "I'm going to go through with my plan to kill John Smith today". In NY this would be a murder 2 charge; he "intentionally" killed a man, he meant or at least knew that his actions would likely result in death, but he didn't "premeditate" in the legal sense.
 

Tipperary

(6,930 posts)
9. I agree. I think this was a steroid cop acting like a complete ass.
Sun Jun 14, 2020, 09:35 PM
Jun 2020

Chauvin committed cold-blooded murder, and I am convinced he intended to do so.

sir pball

(4,761 posts)
10. Even with Chauvin it wouldn't be "murder 1"
Sun Jun 14, 2020, 09:38 PM
Jun 2020

At least in the NY State sense which is what most people think of. Chauvin would have had to deliberately planned ahead of time to get a hold of Floyd and kill him for murder 1. He certainly meant to intentionally cause death, but that's still "just" 2. Gets you 15-ta-life here, it's not much lesser a charge than 25ta for murder 1.

609.185 MURDER IN THE FIRST DEGREE.
(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
---------------------------------------------
609.19 MURDER IN THE SECOND DEGREE.
1.Intentional murder; drive-by shootings. Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation;
(Source 1 Source 2)

aeromanKC

(3,328 posts)
4. He was 20 feet away running away practically pointing it up un the air.
Sun Jun 14, 2020, 09:16 PM
Jun 2020

TASER advertises their own product is non lethal. It's murder.

jmg257

(11,996 posts)
5. Agreed. Law professor saying DA is looking at felony murder, murder, involuntary manslaughter.
Sun Jun 14, 2020, 09:18 PM
Jun 2020

DA Promising charges mid-week.

Interview cops - likely defense wpould be "use of force justified and reasonable'.

Laelth

(32,017 posts)
11. Murder 1. No question.
Sun Jun 14, 2020, 09:42 PM
Jun 2020

The people of the State of Georgia may disagree. We shall see what we see.

-Laelth

Turbineguy

(37,372 posts)
13. Maybe when the police run the license plates
Sun Jun 14, 2020, 10:25 PM
Jun 2020

They would not only find out that you had a parking ticket 10 years ago, but if they shoot you they make a woman a widow and orphan 3 children.

That might be helpful knowledge.

jmg257

(11,996 posts)
14. You know thats a great point. Be reminded of the humanity of the people you'll
Sun Jun 14, 2020, 10:50 PM
Jun 2020

Be interacting with.

Clearly Mr Brooks just wanted to get someplace safe.

 

Hoyt

(54,770 posts)
15. Don't think police should shoot unarmed man fleeing, except in cases where the
Sun Jun 14, 2020, 11:17 PM
Jun 2020

suspect is a threat to others if he gets away. Doesn’t appear case here.

However, I think the taser, resisting arrest, and struggle will complicate things. Shooting still wasn’t right, but this is more complicated than Chauvin murdering a handcuffed, cooperative man.

Even R. Brook’s family’s attorney wasn’t sure about criminal charges today, like he was yesterday before seeing the videos.

It’s just a shame, especially for Brooks who doesn’t get a chance to give his side. I honestly don’t know what I might do if police were handcuffing me behind my back. I could very well panic.

 

SlogginThroughIt

(1,977 posts)
18. Was the taser fired?
Mon Jun 15, 2020, 01:35 AM
Jun 2020

If the taser was fired the Union rep is full of shit. Once the cartridge is discharged and the leads are not stuck in a persons skin it is a useless object.

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