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Started By
Message
re: Minnesota Cop who Shot Duante Wright charged with 2nd Degree Manslaughter
Posted on 4/14/21 at 1:23 pm to SouthEndzoneTiger
Posted on 4/14/21 at 1:23 pm to SouthEndzoneTiger
Reporter on Court TV just now she said that businesses are boarding up about 10 miles outside of the City of Minneapolis.
0
Posted on 4/14/21 at 1:26 pm to GEAUXmedic
quote:
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
Maybe she thought he was a criminal about to take off in a vehicle that could have injured someone that wasn't a scumbag.....oh wait.
Posted on 4/14/21 at 1:27 pm to AUCE05
quote:
. I don't think being an idiot and allowing a suspect gain controll of a situation is grounds for a free pass on murder.
well no, but it wasn't murder.
It was worse IMO. A totally unqualified person who was clueless.
That puts the blame squarely on the PD.
I just don't know how you get that far in a metro PD and make that kind of mistake.
Posted on 4/14/21 at 1:59 pm to Cracker
malpractice, loss of license, and if gross negligence occurs, they can be arrested
Posted on 4/14/21 at 2:01 pm to Oilfieldbiology
quote:
Isn’t that a stiffer penalty/worse crime than negligent manslaughter?
Honestly don't know, but the definition given in the OP doesn't fit the charge.
The cop mistakenly pulled her gun instead of her taser. That's a clear mistake which resulted in the man's death. That's the negligent part, but by the definition supplied by the OP she must also have created the situation which led to his death.
She did not do that. HE created the situation by being a belligerent asshat and trying to get back into his car. By doing so, he put fear into the cops on the scene, because they have no idea if any weapons are in the car.
If I'm on the jury, I can't convict given what we know of the situation.
Negligent homicide, as I understand it, does not require a person to create the dangerous situation. It is simply a death caused by someone else's negligent behavior. The penalty may be harsher (again, I do not know), but the charge would fit better than what she's charged with.
Now, that said, it is entirely possible she is being charged in this manner knowing that a good defense attorney will latch onto the situational aspect of the charge and get her acquitted.
Posted on 4/14/21 at 2:08 pm to mtntiger
quote:
The cop mistakenly pulled her gun instead of her taser. That's a clear mistake which resulted in the man's death. That's the negligent part, but by the definition supplied by the OP she must also have created the situation which led to his death.
She did not do that. HE created the situation by being a belligerent asshat and trying to get back into his car. By doing so, he put fear into the cops on the scene, because they have no idea if any weapons are in the car.
Totally agree.
This has a "Hit em with a hard charge" and negotiate to the lesser charger feel to me.
Posted on 4/14/21 at 2:11 pm to QJenk
quote:This happens, and the doctor is held responsible but not even close to the point of jail
I mean if a doctor mistakenly put a patient on the wrong antibiotics, and those antibiotics killed the patient. Then yes they would absolutely deserve to be held responsible.
I have seen doctors prescribe 10x the dosage for a child and the child dies
Have seen a doctor tie a womans tubes after childbirth, who didnt want the tubes tied
Etc etc
This post was edited on 4/14/21 at 2:14 pm
Posted on 4/14/21 at 2:15 pm to lsu13lsu
quote:
Negligence
AND consciously
From a legal POV I don't think one could argue she didn't consciously remove a weapon and use it on Wright. There was a clear conscious act here, it was negligent because she, at least according to her, removed the incorrect weapon and used it. In this context consciously is a non-issue.
Posted on 4/14/21 at 2:22 pm to Nado Jenkins83
quote:
Everytime i see this remark i see someone that has probably been arrested. Just my opinion so don't get your panties in a wad
Cool story bro.
Maybe I'm just a guy who likes people to be held accountable and don't worship at the altar of MuH tHiN bLuE LiNe?
Posted on 4/14/21 at 2:31 pm to Oilfieldbiology
quote:
Dr. Death guy in Dallas
I had to look that guy up. He maimed and killed multiple people and was a menace. This lady made a mistake in the most hostile of circumstances short of a shooting war - after years of service - and is facing jail time.
Sue the police, take her badge....but she shouldn't be locked up.
Posted on 4/14/21 at 2:34 pm to lsu13lsu
quote:
I got my law degree from the same place I got my medical degree. Tigerdroppings and Twitter. It seems like she didn't consciously try and cause great harm or kill.
You are making a fairly common mistake in reading the statute. Let's approach it from the opposite direction. If she had consciously tried to cause great bodily harm or kill him then she would likely be guilty of murder, setting aside the possible defence that she was allowed to use deadly force in the situation.
The statute requires the negligent act to be conscious. Having both lethal and less than lethal weapons on her utility belt is known to her and she knows that if she pulls the wrong weapon and discharges it then it might cause more or less harm than intended. The conscious act of pulling one of them and discharging it.
To put it in an everyday scenario you are driving up to an intersection with a red light and people in the crosswalk. You make the conscious choice to apply the brakes. If you negligently press the gas instead of the brake you still committed a negligent act when you run over a pedestrian. You were conscious of acting you just negligently performed the incorrect action. You consciously take the chance of mistakenly pressing the gas when you mean to press the brakes 100s if not 1000s of times a year.
Posted on 4/14/21 at 2:40 pm to Oilfieldbiology
quote:
Hypothetically, would she be in less legal trouble had she actually meant to pull her pistol and shoot the guy claiming she feared for her life?
Possibly, if in the totality of the situation she had a right under law to use lethal force then she should be acquitted of any charges related to the shooting based on your hypo. The issue for her was the jeopardy of using lethal force when it is not warranted is much higher than negligent homicide.
A criminal attorney would have preferred she kept quiet until the defense theory of the case could be developed based on the facts. The problem now is if she changes her story it would be used against her if she tries the argument she really did mean to shoot him and had the right to do so.
Posted on 4/14/21 at 2:43 pm to Obtuse1
quote:
To put it in an everyday scenario you are driving up to an intersection with a red light and people in the crosswalk. You make the conscious choice to apply the brakes. If you negligently press the gas instead of the brake you still committed a negligent act when you run over a pedestrian. You were conscious of acting you just negligently performed the incorrect action. You consciously take the chance of mistakenly pressing the gas when you mean to press the brakes 100s if not 1000s of times a year.
A+ explanation.
I’m still having a little trouble understanding though.
Posted on 4/14/21 at 2:44 pm to lsupride87
quote:
Couldnt the lawyer easily argue her fear of great bodily harm caused her to not be able to think straight?
And thus you have her acting negligently...
I am not saying some attorneys might not run a gambit like that but the chances of it succeeding for a police officer is pretty low. Dear jury my client did not have the basic mentality to do her job therefore she should be acquitted.
Posted on 4/14/21 at 2:48 pm to Tiguar
quote:
Man-2 appears to require the killer to also create the unsafe situation which is where she gets off on that one IMO.
I think it is pretty clear from her actions and statement that her negligence created a high chance of death in this case. I don't think she can argue her actions didn't precipitate his death.
Posted on 4/14/21 at 2:51 pm to VictoryHill
quote:
likes people to be held accountable
Based on what values?
What if you think someone should be held accountable and a jury doesn't?
People who use this excuse are those who think they are 100% correct.
And you don't even know all the details.
Posted on 4/14/21 at 2:58 pm to SquatchDawg
quote:
Why wouldn’t doctors who kill somebody due to their negligence be charged with this too?
They can be and they have been when the totality of the situation merited it. It is rare but so is a cop openly admitting they made a mistake and used lethal force instead of less than lethal by negligently choosing the incorrect weapon and discharging it.
Posted on 4/14/21 at 3:02 pm to SquatchDawg
quote:
There needs to be some contributory negligence piece of this to where if you do something stupid that leads to you getting shot that’s taken into account.
In most jurisdictions, there is codified law that specifically says criminal conduct or contributory negligence of victim is no defense.
Posted on 4/14/21 at 3:07 pm to NPComb
quote:
dumb bitch
quote:Really? Is this also how you speak about the women in your life? What a disgusting, misogynistic attitude.
dumb bitch
Posted on 4/14/21 at 3:08 pm to Norbert
quote:
They must prove actual negligence, and I don't know that she was necessarily negligent and operating in a careless manner.
This is pretty much the Black's definition of negligence. Refer back to my analogy of mixing up the gas and brake pedal of a vehicle.
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