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Message
re: Report: Autopsy analysis shows Michael Brown may have gone for Wilson’s gun
Posted on 10/22/14 at 12:24 pm to 91TIGER
Posted on 10/22/14 at 12:24 pm to 91TIGER
quote:
You are missing peace officer protocol.
No, I'm not. If Wilson's account is 100% supported by the evidence, he's completely cleared, rightfully so. I'm sure his version comports with policy, protocol and legalities - at least as far as I am aware of it and them.
The problem comes in this factual discussion. Surely you don't agree that it would have been reasonable to shoot Brown if he was surrendering, do you?
The challenge for those wanting the officer prosecuted is that - save a few eyewitness statements - the objective evidence supports the officer's version at this time.
In fact, unless something else comes out - here is THE BEST I can come up with (I am an attorney after all, maybe not the best choice for criminal defense, though ) - the one most favorable to Brown:
"Officer called him over to the car, so he went. Officer asked for ID, so Michael reached for his wallet. Officer grabbed him and they scuffled a little bit through the window. The officer went for his gun, so Michael, fearing for his life, fought for control over the gun. The gun discharged, either by Officer Wilson on purpose, or accidentally during the scuffle. Once the weapon fired, Michael, in a panic, ran away. The officer got out and ordered Michael to stop. Michael complied, turned around and was shot and killed."
Okay - having said that - this is purely conjecture - it's the best story I can come up with that comports with what we know of the objective evidence. Heck, this might be exactly how it went down.
This is not demonstrated by the evidence, beyond a reasonable doubt, so the officer walks on murder, manslaughter, the shooting, everything.
The officer's version is obviously going to be his best case, and I won't rehash it here. It's very possible it happened that way, because the objective evidence doesn't refute it.
A possible "middle ground" scenario is that, after the fight in the window, Wilson gets out, yells "FREEZE!" (Brown knew what that meant, and there had already been a shot fired) - Brown turns around and starts to go to ground - Wilson, peering through 1 good eye, perhaps, at this point, misinterprets this as coming towards him.
Obviously would be tough to prove, but even if you could, I'm not sure it's manslaughter - I mean they had just been in a serious fight, which Wilson was on the worse end, and Brown had gone for his gun.
That's why I'm not seeing charges sticking to Wilson. I can't conclusively say that Wilson was not enraged to the point of murder after the fight - that would be human nature and is certainly possible - there's just no proof of it.
Posted on 10/22/14 at 12:34 pm to Ace Midnight
quote:
Surely you don't agree that it would have been reasonable to shoot Brown if he was surrendering, do you?
I guess you missed the point about not being able to use deadly force if the offender retreats ?
quote:
"Officer called him over to the car, so he went. Officer asked for ID, so Michael reached for his wallet. Officer grabbed him and they scuffled a little bit through the window. The officer went for his gun, so Michael, fearing for his life, fought for control over the gun. The gun discharged, either by Officer Wilson on purpose, or accidentally during the scuffle. Once the weapon fired, Michael, in a panic, ran away. The officer got out and ordered Michael to stop. Michael complied, turned around and was shot and killed."
An officer never pulls someone into the vehicle toward their person, especially a 6'4'' 300 lb man.
You don't reach for your weapon unless a serious battery or attempt to disarm is brought upon you.
quote:
Okay - having said that - this is purely conjecture - it's the best story I can come up with that comports with what we know of the objective evidence. Heck, this might be exactly how it went down.
Sounds like the typical defense attorney's frame of events. Highly, highly unlikely.
quote:
This is not demonstrated by the evidence, beyond a reasonable doubt, so the officer walks on murder, manslaughter, the shooting, everything.
Yes, I agree on this.
Posted on 10/22/14 at 12:41 pm to 91TIGER
quote:
An officer never pulls someone into the vehicle toward their person, especially a 6'4'' 300 lb man.
You don't reach for your weapon unless a serious battery or attempt to disarm is brought upon you.
So that it's clear - this isn't my theory - this is the best possible theory I can put forward from Brown's perspective. Obviously we can't sue the city if we agree that Brown rushed the officer first, shoved him back in the car forcefully, beat him about the head and shoulders and tried to disarm him - all as the first moves in a deadly chess game, now, can I?
And just because something isn't protocol, doesn't mean cops don't do it all the time - just sayin'...
quote:
Sounds like the typical defense attorney's frame of events. Highly, highly unlikely.
Except, ironically, in this case, for a criminal prosecution to advance, the prosecutor would have to forward some variant on this version to even survive. It rules out using the officer's version because that = acquittal.
And I agree - highly unlikely. But it is not contradicted by the objective evidence, which was my point - working from the evidence out, to reasonable possible timelines and sequences.
Posted on 10/22/14 at 1:07 pm to a want
You know what the funniest thing about this case is...the same people who said that George Zimmerman had no right to take the law into his own hands because he was not a cop, are now the same people who say that Wilson went too far into taking the law into his own hands because he is a cop.
Posted on 10/22/14 at 2:07 pm to 91TIGER
quote:
An officer never pulls someone into the vehicle toward their person, especially a 6'4'' 300 lb man.
Since all the eyewitnesses, including Dorian Johnson, said that there was an altercation in the car, this is probably the biggest thing in Wilson's favor.
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