Involuntary manslaughter charge dismissed in cop shooting of Aiyana Stanley-Jones
Source: Detroit free press
A Wayne County Circuit Court judge this morning dismissed an involuntary manslaughter charge against a Detroit police officer charged in the death of 7-year-old Aiyana Stanley-Jones.
The attorney for Joseph Weekley requested that Judge Cynthia Gray Hathaway dismiss the felony charge.
Assistant Wayne County Prosecutor Robert Moran immediately objected and asked for a stay before closing arguments in Weekley's trial, which was granted. The charge of careless discharge causing injury or death remains before the jury.
Read more: http://www.freep.com/story/news/local/michigan/wayne/2014/10/03/weekley-trial-aiyana-stanley-jones/16636179/
this is bullshit!
ColesCountyDem
(6,943 posts)Theoretically, the prosecution may prove 3 of 4 elements of Crime X 'beyond a reasonable doubt, and to a moral certainty', but fail to prove the 4th. In such a case, a judge is ethically and legally required to enter either a verdict of 'not guilty', or dismiss the charge altogether without letting the case go to the jury. Furthermore, even if the judge does allow the case to go to the jury, the judge may, upon a defendant's motion, enter a J.N.O.V. (judgment 'non obstante veredicto'), overturning a jury's guilty verdict in a criminal trial; this occurrence, while rare, is an admission by the court that the court should have directed the jury to find the defendant not guilty.
The judge in this case may well believe that Officer Weekley is guilty, in a moral sense, but also believe that the prosecution has not sustained its burden in proving its case.
RayTy
(50 posts)nothing to go to trial about. I understand what your saying but it seems fishy that the prosecution couldn't put on a case.
I hear you loud and clear.
ColesCountyDem
(6,943 posts)The prosecution is appealing the judge's ruling, which is rare enough.
They must've threatened to expose this judges mistress or worse.
SoapBox
(18,791 posts)Their own.