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re: LSP Trooper George Baker has died after being injured in the line of duty

Posted on 5/24/20 at 6:25 pm to
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 5/24/20 at 6:25 pm to
I understand that legally, they are responsible for killing the Trooper. I'm sure they'll be charged as such. However, the legal reality is a little bit murkier. I have minimal sympathy for the occupants of the fleeing vehicle. I'm just sorry it came to this. It was all very unnecessary.
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
50055 posts
Posted on 5/24/20 at 6:35 pm to
quote:

They'll be "catching" more than manslaughter.



Expect a lawsuit against the Hammond Police Dept. and the officer driving the car that hit the Troopers based upon what I have heard about the way it happened.
Posted by Traveler
I'm not late-I'm early for tomorrow
Member since Sep 2003
26626 posts
Posted on 5/24/20 at 6:39 pm to
Very sad to hear this. Prayers, respects, and condolences to him, family, coworkers and friends.
Posted by Bayou_Tiger_225
Third Earth
Member since Mar 2016
13141 posts
Posted on 5/24/20 at 6:40 pm to
quote:

Yep. It’s felony murder, and this is basically a textbook scenario.
I'll probably get a bunch of downvotes for this, but I have mixed feeling about that being a murder charge.
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
70143 posts
Posted on 5/24/20 at 6:41 pm to
One would assume so

However these were the drivers of the suspicious vehicle that started the hot pursuit

Doesn’t excuse the fact that Hammond police hit the troopers though
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 5/24/20 at 6:49 pm to
I only know what I've read about the accident, but it's pretty clear that somebody fricked up. I assume that the Troopers called out that they deploying a spike strip that, obviously, needed to be retrieved before pursuing units could pass that area. How the HPD missed the call and didn't see the Troopers remains to be explained.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31222 posts
Posted on 5/24/20 at 6:55 pm to
quote:

Yep. It’s felony murder, and this is basically a textbook scenario.


Textbook for the driver but less textbook for the passenger. Need more facts as to what the predicate felony or felonies are. You have to show intent to commit the predicate felony. The driver you could get under aggravated flight but they probably need another felony to charge the passenger for felony murder.
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 5/24/20 at 7:02 pm to
It's Louisiana so the local law enforcement agencies kind of run things so I expect the suspects will get a murder charge pinned on them - but I'm not seeing how the murder charge makes sense.

It's reasonable to believe that running from the police may endanger lives as they are driving at high speeds, but it doesn't seem reasonable that the police will run over each other while picking up equipment. Seems like the police should be trained better than this.

It really sucks for the Trooper and his family either way though. I'm guessing this is probably related to drugs somehow. We're getting these officers to fight a ridiculous war.
This post was edited on 5/24/20 at 7:07 pm
Posted by The People
LSU Alumni
Member since Aug 2008
4461 posts
Posted on 5/24/20 at 7:09 pm to
Prayers for the fallen.

Aggravated flight is the only appropriate criminal charge for the driver of the vehicle. Tragic as it was, the only liability the driver holds for the death of the Trooper will be civil in nature.

There are implied risk in law enforcement. If an officer or agency takes a risk in their tactics and subsequently is killed, the pursuing felon isn’t criminally responsible,


This post was edited on 5/24/20 at 7:33 pm
Posted by HeadSlash
TEAM LIVE BADASS - St. GEORGE
Member since Aug 2006
56650 posts
Posted on 5/24/20 at 7:38 pm to
quote:

Not one white person will make up any excuses for them, or defend them in any way. Because we believe in consequences. Throw the damn book at them and send em away


Extenuating circumstances here. Not disparaging Trooper Baker in any manner, but the Hammond PD guy fricked up.
Posted by BregmansWheelbarrow
Member since Mar 2020
3431 posts
Posted on 5/24/20 at 8:24 pm to
quote:

The driver you could get under aggravated flight but they probably need another felony to charge the passenger for felony murder.


It’ll be interesting. He probably wouldn’t have been charged at all if he hadn’t ran at the end of the chase. And he got away...I guess that’s where the obstruction charge comes from. The driver was charged with possession and intent to distribute narcotics, so who knows what the driver got away with and ditched that the cops didn’t find.

So I guess it’s either, do you charge him for the felony murder and maybe only give him the opportunity to plead it down, or do you reward him for getting away? I also have a hard time that an 18 year old was responsible for that laundry list of offenses and the 26 year old was just along for the ride. He’s an adult, but that’s a dubious proposition to me.
This post was edited on 5/24/20 at 9:06 pm
Posted by The Third Leg
Idiot Out Wandering Around
Member since May 2014
12783 posts
Posted on 5/24/20 at 8:28 pm to
Another unfortunate casualty of America’s morbid obsession with criminalizing vice.
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9498 posts
Posted on 5/24/20 at 8:28 pm to
quote:

Tragic as it was, the only liability the driver holds for the death of the Trooper will be civil in nature.

There are implied risk in law enforcement. If an officer or agency takes a risk in their tactics and subsequently is killed, the pursuing felon isn’t criminally responsible


That's simply not true.
Posted by MikeD
Baton Rouge
Member since Jan 2004
8621 posts
Posted on 5/24/20 at 8:37 pm to
I thought more and more departments have been moving towards a no high speed chase policy. Probably would have saved this troopers life.
Posted by TaderSalad
mudbug territory
Member since Jul 2014
26696 posts
Posted on 5/24/20 at 9:06 pm to
Not accurate. Had the police shot and killed the driver, passenger would be charged with homicide. If you break the law and a death occurs, they tack that on as well. Assuming it’s felonious
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 5/24/20 at 9:10 pm to
quote:

. Anyone killed in the commission of a felony is 100% all on you.


Ought to be the same for the criminal. You get hurt or killed while committing a crime(felony), tough.
Posted by LSU Coyote
Member since Sep 2007
56988 posts
Posted on 5/24/20 at 9:16 pm to
Rest now, Hero.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31222 posts
Posted on 5/24/20 at 9:17 pm to
quote:

It’ll be interesting. He probably wouldn’t have been charged at all if he hadn’t ran at the end of the chase. And he got away...I guess that’s where the obstruction charge comes from. The driver was charged with possession and intent to distribute narcotics, so who knows what the driver got away with and ditched that the cops didn’t find.

So I guess it’s either, do you charge him for the felony murder and maybe only give him the opportunity to plead it down, or do you reward him for getting away? I also have a hard time that an 18 year old was responsible for that laundry list of offenses and the 26 year old was just along for the ride. He’s an adult, but that’s a dubious proposition to me.


Like I said the driver is fairly straight forward. Running on foot is usually a misdemeanor unless compounded somehow. While unlikely it could be the passenger just got a ride and had no idea the driver was holding felony weight. Now if they have evidence the passenger was the one throwing the drugs out the window then it becomes easier to prove it was his drugs.
Posted by brass2mouth
NOLA
Member since Jul 2007
20749 posts
Posted on 5/24/20 at 9:26 pm to
Can you guys take your derailment to another thread?

K. Thanks.
Posted by stampman
Louisiana
Member since Oct 2006
5258 posts
Posted on 5/24/20 at 9:28 pm to
LINK
Looks like the 18 yr old has about 10 counts filed against him.
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