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re: Minnesota Cop who Shot Duante Wright charged with 2nd Degree Manslaughter

Posted on 4/14/21 at 3:19 pm to
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25576 posts
Posted on 4/14/21 at 3:19 pm to
quote:

This board doesn't like when you point out the number of people who die every year from malpractice and/or gross negligence.


This is another area where people frequently conflate bad outcomes with negligence.

Especially bottom-feeding lawyers.


Potential clients seeking the counsel of medal attorneys conflate poor outcomes with negligence all the time. However, medmal is one of the areas of torts where attorneys actually conflate the two and pursue a case fairly infrequently. The extraordinarily high cost to mount a medmal case coupled with the caps on damages in many jurisdictions make conflation of poor outcomes and actual negligence a recipe for financial disaster for an attorney. While the plaintiff is technically on the hook for the costs in actuality they are basically never paid in the event the plaintiff loses.
Posted by VictoryHill
Alabama
Member since Nov 2013
3209 posts
Posted on 4/14/21 at 3:21 pm to
quote:

What if you think someone should be held accountable and a jury doesn't?

Then that's due process and I have no say.

quote:

People who use this excuse are those who think they are 100% correct.

Video doesn't lie.

quote:

And you don't even know all the details.

Video doesn't lie.
Posted by el mapache
Baton Rouge
Member since Aug 2011
182 posts
Posted on 4/14/21 at 3:27 pm to
quote:

that's probably what she deserves to be charged with. her mistake cost someone their life


It's an easy rule....Comply, Don't Die
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25576 posts
Posted on 4/14/21 at 3:27 pm to
quote:

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.


A proper set of jury instructions would explain your misinterpretation of the statute. This is why jury instructions are one of the most crucial bits of a trial.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35491 posts
Posted on 4/14/21 at 3:30 pm to
quote:

If I'm on the jury, I can't convict given what we know of the situation.


That's why you could never be chosen for the jury. Your mind is already made up. Which is ok, but it would exclude you.
Posted by lsu13lsu
Member since Jan 2008
11476 posts
Posted on 4/14/21 at 3:31 pm to
Thank you for explaining.
Posted by OMLandshark
Member since Apr 2009
108098 posts
Posted on 4/14/21 at 3:50 pm to
Listening to Tim Pool’s podcast, and he brings up a great point: what if she was not saying taser for herself but is telling the other officer to taze him? I think that’s worth consideration, and if that happened, I think she should be up for 3rd degree murder.
Posted by Vlatket
Member since Oct 2016
7475 posts
Posted on 4/14/21 at 3:57 pm to
I wonder how much this fine young dindu nuffin gonna cost Minnesota. I'm sure his trashy arse momma misses him very much along with Ben Crump.
Posted by Rick9Plus
Baton Rouge
Member since Jul 2020
1710 posts
Posted on 4/14/21 at 3:58 pm to
I’m all for accountability, but this was an actual, honest mistake. She wasn’t using excessive force or acting unjustly. In the course of doing her job properly, she made a mistake. She didn’t try to cover it up. Fire her if she hadn’t already quit, but jail? I get that certain jobs have more risk and are held to a higher standard. Not everyone can do them. But prison?
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
59603 posts
Posted on 4/14/21 at 4:05 pm to
Cool story yourself bro. I'll take a crooked cop over a thug if we looking at it like that
Posted by LegendInMyMind
Member since Apr 2019
53717 posts
Posted on 4/14/21 at 4:23 pm to
quote:

Maybe I'm just a guy who likes people to be held accountable

Really, though? Reeeeeaaaallly?
Posted by VictoryHill
Alabama
Member since Nov 2013
3209 posts
Posted on 4/14/21 at 4:45 pm to
quote:

crooked cop over a thug

They're the same thing. Crooked cops are thugs.

That statement says quite a bit about you, and this is coming from someone who has railed against shitty ghetto culture several times. What you really meant to say is that you'd take a white person over a black one. Just be honest.
Posted by Bmath
LA
Member since Aug 2010
18664 posts
Posted on 4/14/21 at 4:45 pm to
quote:

I’m all for accountability, but this was an actual, honest mistake. She wasn’t using excessive force or acting unjustly. In the course of doing her job properly, she made a mistake. She didn’t try to cover it up. Fire her if she hadn’t already quit, but jail? I get that certain jobs have more risk and are held to a higher standard. Not everyone can do them. But prison?


I'm on the fence about this for similar reasons. Negligence implies that a reasonable person would not have made that same choice. The shooting happened very quickly after Wright pulled away. It's not as if the officer was standing there making verbal commands to stop resisting or else be tasered. It was clearly a reactive action to Wright diving into the car.

My thought is that the prosecution would have to find evidence that the officer had not recently undergone mandated weapons training. Then the officer could be held negligent for not having proper training which should have prevented such a mistake.
This post was edited on 4/14/21 at 5:16 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260056 posts
Posted on 4/14/21 at 4:50 pm to
Do doctors go to prison for malpractice?

I dont think its the norm.
Posted by Glock17
Member since Oct 2007
22380 posts
Posted on 4/14/21 at 4:54 pm to
quote:

Listening to Tim Pool’s podcast, and he brings up a great point: what if she was not saying taser for herself but is telling the other officer to taze him? I think that’s worth consideration, and if that happened, I think she should be up for 3rd degree murder.



Her saying “taser, taser, taser” like that is how police are trained before they tase someone. It’s to alert the others officers to back up to they don’t accidentally get popped too.
Posted by Bmath
LA
Member since Aug 2010
18664 posts
Posted on 4/14/21 at 4:55 pm to
quote:

Do doctors go to prison for malpractice?


No, they go to jail for abuse or criminal intent.
Posted by baldona
Florida
Member since Feb 2016
20402 posts
Posted on 4/14/21 at 4:56 pm to
I'll get downvoted to hell for this but I don't care.

This is one of the reasons I disagreed from the beginning with the PD admitting that mistake of pulling the wrong weapon. The police union and the cop that pulled the trigger was fricked over at that point. For all intents and purposes with the evidence I've seen and the evidence in the video, there's enough reason to believe that the Cop pulling the trigger felt it was a situation that deserved a gun. You absolutely can not resist arrest outside of a vehicle back to the inside of a vehicle, that creates an incredible high stress situation no matter the situation. Its almost an impossible situation for the police to get out of.

ETA: I realize that situations like this are extremely rare. But I question the future of tasers for everyone's safety. Tasers allow thugs to have a less than lethal option of being treated instead of stopping their actions and getting shot. Accidents like this and a higher percentage of officers getting shot is the only likely result. Maybe those are still at acceptable levels to keep tasers in use, I don't know.
This post was edited on 4/14/21 at 4:59 pm
Posted by OMLandshark
Member since Apr 2009
108098 posts
Posted on 4/14/21 at 4:56 pm to
quote:

Her saying “taser, taser, taser” like that is how police are trained before they tase someone. It’s to alert the others officers to back up to they don’t accidentally get popped too.


Well, thanks for explaining that.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260056 posts
Posted on 4/14/21 at 4:58 pm to
quote:

Your mind is already made up.


Did you miss "What we know of the situation?"

It was clearly there..
Posted by baldona
Florida
Member since Feb 2016
20402 posts
Posted on 4/14/21 at 5:05 pm to
quote:


I understand what you're saying, but I can't think of anything more negligent than shooting a gun when you think you're shooting a taser.


In a low stress situation, I absolutely agree.

In a life or death situation? Far from it imo.
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