Second Ferguson investigation yields no charges

NPR No charges for 2nd time

If you remember, Michael Brown was shot and killed by officer Daryl Wilson in Ferguson, MO, in 2014, effectively starting the Black Lives Matter protests.

The former prosecutor took the case to a grand jury, which did not indict Wilson, because while Brown’s hands were up, he was also charging toward the officer.

A new prosecutor, Wesley Bell, who replaced the former in a Democratic Primary based largely on the failure to secure an indictment, reopened the investigation, and while he hedged his comments,  also declined to prosecute.

BLM is not amused.

It’s really going to hit the fan when Chauvin is found not guilty in George Floyd’s death.

5 thoughts on “Second Ferguson investigation yields no charges

  1. Floyd’s murderer won’t be acquitted. 4 cops, Floyd was on the ground with handcuffs begging for his life for 6 minutes or more and the murderer just knelt and smirked.

    Lots of witness, videos and the other cops who will testify.

    The only thing that doesn’t mean 1st Degree murder is the possible implication of extenuating medical issues and a good lawyer. But that would still be like a cop leaning on Don’s throat with your asthma and doing so despite your pleadings. And you were cuffed, disarmed and surrounded.

    I never thought that Brown was a good choice for the BLM case. There were dozens of others that were more unjust. Like the man shopping in Walmart and talking to his girlfriend on the phone while inspecting a air rifle in the toy department. Or the 6 year with a toy gun old shot to death the instant the cops arrived. No questions asked. Or the man shot to death in his car after he announced that he was armed and had a CCP that he tried to get out. Or the man shot, but not killed, while getting his license from the car as he was ordered to do. Or the woman shot multiple times in a botched no knock raid. Or…

    But at some point, it was obvious after decades of brutality in the inner cities and racial profiling for traffic stops, there was going to be a movement that says Black Live DO Matter as much as anyone else’s. But they haven’t even after 1965 said they did matter legally. It has been White Lives Matter, Blue Lives Matter, Yellow Lives Matter, Red Lives Matter…Black lives, not so much.

    If middle and upper class minorities have to speak to their male children about cops like White parents never had to do, we know there is a problem

    Most Americans are a bit fed up with out policing system that kills 1000 plus people a year. UK has 24 killed by cops in 2 decades, and they have minorities, and violent criminals too.

    Liked by 1 person

    1. The jury, if it is true to its oath, cannot consider other acts by other policemen. They can only consider whether the elements of the crime charged are there beyond reasonable doubt.

      In Virginia, lesser included charges are part of the jury instructions automatically. but in MN, they are only included if the defense agrees. Chauvin is charged with 2nd degree murder, last I saw. That requires intent. Intent is always hard to prove as it requires proving what was in someone’s mind.

      So, Floyd was a very large Black man who vigorously resisted being placed in a police car. He didn’t look fragile, and Chauvin could not know that he had serious heart problems even BEFORE recovering from COVID, which we now know causes significant cardiomyopathy.

      Video of the knee on the neck notwithstanding, Floyd was not strangled, his trachea was undamaged, he died of heart failure, possibly triggered in part by being held down, but just as likely from his own rage and exertion.

      So, you could make the case that Chauvin went beyond what was necessary to subdue Floyd, perhaps to teach him a lesson about fighting the police, and that resulted in death from unseen cardiac vulnerability, which would support manslaughter. But it does not support 2nd degree murder. And by overcharging, the prosecutor risks placing the jury in the position of having to acquit.

      Of course, fear and politics can taint a jury, but if the jury is honest, and the charges remain as they are, Chauvin should be acquitted. He shouldn’t be, he should be convicted of manslaughter, but the prosecutor, by overcharging, risks losing completely.

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      1. He was handcuffed, on the ground not resisting once he got out of the car.

        It was friggin’ murder, pure and simple. 8 1/2 minutes. Think about that. He was begging for his life. Think about that.

        I swear I cannot understand why you are so anxious to excuse the actions of a murderer.

        Liked by 1 person

        1. Because murder and manslaughter have precise legal definitions, and while he should be convicted of manslaughter, his actions do not meet the elements of murder.

          For that to be the case, Chauvin would have to expect that holding a healthy looking large man down would kill him. It was brutal and wrong, and reckless, but not intended to cause death.

          By overcharging, the prosecutor risks an acquittal, and I don’t want that.

          Like

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