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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA very interesting take on Mosby's strategy.
It all starts out with the fact that there was no probable cause to arrest him in the first place and thus no probable cause to take him into custody. According to Ari Melber (just on MSNBC) both acts are illegal.
Now my analysis from that point is that most states have laws that if someone is killed during the commission of a crime (i.e. an illegal activity), the person (or persons) committing that crime may be charged for the death of the victim. Since Grey died as a result of the illegal actions of the Baltimore cops then I think that a prosecutor like Mosby can make a very credible case that all six officers are liable for Grey's death with the driver having the greatest role in Grey's death.
alcibiades_mystery
(36,437 posts)Each officer is being charged with independent acts. The kind of statute you're talking about is a felony murder statute. It means that people involved in specified felonies during the course of which somebody is killed can all be charged with a felony murder. Here's why it doesn't apply here:
1) Felony murder in Maryland is a first degree murder. None of the officers were charged with first degree murder. Therefore, none were charged under a felony murder statute.
2) None of the prerequisite charges qualify for a felony murder charge in Maryland. Maryland has a very specific and limited set of initial felonies that would then qualify one for a felony murder charge (rape, robbery, kidnapping, etc.). None of the officers were charged with any of the felonies on the Maryland felony murder qualifying offense list.
Several were charged with false imprisonment, which is the essence of your argument in the OP. But false imprisonment isn't on the Maryland qualifying offenses list for felony murder.
Put simply, it's a nice idea, but you're incorrect on Mosby's strategy. She is not charging them under a felony murder statute. She's charging each of them with specific crimes not premised on other crimes.
avebury
(10,952 posts)will flip on the others. You better believe that there is a lot of pressure on all six to stick together and not make a deal.