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BklnDem75

(2,918 posts)
Mon Apr 20, 2015, 10:22 PM Apr 2015

Judge 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 city’s West Side. Servin had been in a verbal altercation with Boyd’s group before he fired on them from his car, striking one man in the hand and fatally hitting Boyd.

"You’re sworn to protect lives. Not take them away,” Boyd’s 32-year-old brother Martinez Sutton told The Huffington Post Monday, before the verdict was read. “[The police] don’t think about the family they’re destroying in the process."

Though roughly 30 percent of Chicago’s population is black, they make up about 80 percent of police shooting victims, Reuters reports.

Boyd’s 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

14 replies = new reply since forum marked as read
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Judge acquits Chicago cop in fatal off-duty shooting, sparking anger (Original Post) BklnDem75 Apr 2015 OP
.. AuntPatsy Apr 2015 #1
Wow. Directed verdict by the judge before the defense even put on a case. Hassin Bin Sober Apr 2015 #2
Sounds like Catch 22. nm rhett o rick Apr 2015 #5
It's the excuse he gave... BklnDem75 Apr 2015 #7
Not after it's gone to verdict and deliberation. The prosecution screwed this. nt msanthrope Apr 2015 #8
on purpose AngryAmish Apr 2015 #9
I'm not sure--but I definitely think racism played a part. The devaluation of the victim msanthrope Apr 2015 #12
It was murder or nothing AngryAmish Apr 2015 #13
She knew the law. "Intent follows the bullet" is Crim Pro, day 2. If she didn't know that law, she msanthrope Apr 2015 #14
Not all shootings are intentional. Here, this was an intentional shooting because the cop fired in msanthrope Apr 2015 #10
INJUSTICE blkmusclmachine Apr 2015 #3
By the prosecutor. This is a clear murder charge, and the victim should have been valued as such.nt msanthrope Apr 2015 #11
omg Liberal_in_LA Apr 2015 #4
Morning kick BklnDem75 Apr 2015 #6

Hassin Bin Sober

(26,328 posts)
2. Wow. Directed verdict by the judge before the defense even put on a case.
Mon Apr 20, 2015, 10:36 PM
Apr 2015

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?




 

msanthrope

(37,549 posts)
12. I'm not sure--but I definitely think racism played a part. The devaluation of the victim
Tue Apr 21, 2015, 09:09 AM
Apr 2015

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)
13. It was murder or nothing
Tue Apr 21, 2015, 09:15 AM
Apr 2015

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)
14. She knew the law. "Intent follows the bullet" is Crim Pro, day 2. If she didn't know that law, she
Tue Apr 21, 2015, 09:18 AM
Apr 2015

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)
10. Not all shootings are intentional. Here, this was an intentional shooting because the cop fired in
Tue Apr 21, 2015, 09:08 AM
Apr 2015

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.

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