SixFoot
21
From what I saw in the video, if the suspect had started driving off, there would’ve been a cop halfway in the passenger side door going with him, legs dangling out of the vehicle.
1 Like
Samm
23
Perhaps that is the root cause behind her error. Trained but not tested.
2 Likes
Thanks for that info. It will be interesting if the other officers will face some sort of disciplinary action.
I don’t know if it has been mentioned but this case is very much like the Oscar Grant case.
It was the case where police departments realized that it was important to have a service weapon and taser located and accessible so that the two could not be confused. In short, police officers were trained to carry their taser on the opposite side as their service weapon. In that way it would take a cross-over motion to grab the taser. I thought that this was universally trained across the US.
1 Like
All the evidence points to this not being intentional. And when you listen to her crying on the stand it reminds you that these are just fallible human beings. The reality is that when an altercation occurs there’s always a chance that emotions and adrenaline can overtake one’s training.
Smyrna
27
…and “we” now know from Comey and Lynch through the Hillary precedent, that no prosecutor would prosecute if the defendant didn’t “intend” any wrong doing?
3 Likes
involuntary manslaughter is the result of an accident due to negligence. there was no accident here, a mistake was made. a tragic mistake.
WuWei
29
What’s the difference between an accident and a mistake?
not much for the dead guy, could mean a lot in the law. she mistakenly drew her side arm, it wasn’t an accident. she drew with intent, she just mistakenly drew the wrong thing. negligence? sure. accident? no
WuWei
31
She drew a taser with an intent to tase.
What was her negligent act?
What is the legal difference between an accident and “negligence”?
1 Like
Scratch
32
Drawing the wrong weapon…
WuWei
33
What other “care” would have been “reasonable” in that situation?
Scratch
34
Perhaps having the weapons on different sides? Or simply looking to see what she was grabbing.
accidents can happen without negligence.
zantax
40
As in, if the wheel falls off my car, it’s not my fault if I hit someone. Provided I have done adequate maintenance and had no reason to suspect that would happen. That is an accident where I am not at fault. On the other hand, if I take four lug nuts off and it happens, my fault. Because it was my negligence that caused the accident.