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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge acquits Chicago cop in fatal off-duty shooting, sparking anger
Some background:
On a warm night in 2012, Rekiya Boyd was shot in the back of the head while standing with friends in Douglas Park on the citys West Side. Servin had been in a verbal altercation with Boyds group before he fired on them from his car, striking one man in the hand and fatally hitting Boyd.
"Youre sworn to protect lives. Not take them away, Boyds 32-year-old brother Martinez Sutton told The Huffington Post Monday, before the verdict was read. [The police] dont think about the family theyre destroying in the process."
Though roughly 30 percent of Chicagos population is black, they make up about 80 percent of police shooting victims, Reuters reports.
Boyds family has already been awarded a $4.5 million wrongful death settlement by the City of Chicago, but Sutton said true justice will be served when officers like Servin face the same punishment as civilians who commit the same crime.
http://www.huffingtonpost.com/2015/04/20/rekia-boyd-trial_n_7101322.html
Today:
In a stunning, abrupt end to the first trial in years of a Chicago police officer for a fatal off-duty shooting, a Cook County judge acquitted the veteran cop Monday on a legal fine point, drawing outrage from the black victim's family and leaders in the African-American community.
Judge Dennis Porter ruled that prosecutors failed to prove that Dante Servin acted recklessly, saying that Illinois courts have consistently held that anytime an individual points a gun at an intended victim and shoots, it is an intentional act, not a reckless one. He all but said prosecutors should have charged Servin with murder, not involuntary manslaughter.
Servin cannot be retried on a murder charge because of double-jeopardy protections, according to his attorney, Darren O'Brien.
A chaotic scene erupted in the courtroom after the brother of the victim, Rekia Boyd, reacted to Servin's acquittal by standing and taking a few steps toward Servin, angrily shouting, "This (expletive) killed my sister." Family, supporters and sheriff's deputies quickly pulled Martinez Sutton from the courtoom amid shouts and cries over the ruling.
http://www.chicagotribune.com/news/local/breaking/ct-chicago-police-detective-manslaughter-trial-0421-met-20150420-story.html#page=1
AuntPatsy
(9,904 posts)Hassin Bin Sober
(26,328 posts)And the guy walks free.
The cop admits he was shooting over his shoulder trying to hit someone else when he mistakenly hits the victim in the back of the head and kills her.
The state charges involuntary manslaughter.
The judge lets him walk because, according to the state Supreme Court, all shootings are intentional and therefore can't be involuntary reckless acts.
Do I have this right?
rhett o rick
(55,981 posts)BklnDem75
(2,918 posts)Are prosecutors not allowed to amend charges during trial in Illinois?
msanthrope
(37,549 posts)AngryAmish
(25,704 posts)msanthrope
(37,549 posts)is apparent here. This should have been a murder charge. Five shots into a crowd is NOT reckless---you are TRYING to hit someone....
AngryAmish
(25,704 posts)It is the law. Purposefully pointing a weapon and pulling the trigger is intention. Involuntary means you did not mean to do it, ie you dropped your gun while drunk, it went off and killed aomebody.
The coppers would have rioted if he was charged with murder. So Anita, the craven machine hack she is, went involuntary as a way to split the baby. She did not know the law, at a minimum.
msanthrope
(37,549 posts)should not be doing that job.
Maybe she thought the judge would save her rear, and convict anyway with a minimal sentence. But she's a fucking coward.
msanthrope
(37,549 posts)the direction of his sought victim...five times. That he hit an unsought victim does not change his intent....intent transfers--literally, it follows the bullet.
The prosecutor screwed up here. They should have charged murder. This victim deserved a murder charge.