Interesting method of prosecution results in police officer sentenced to life in prison.

[napi21]

http://www.myajc.com/news/metro-atlanta-cop-conviction-breaks-with-national-norm/gJ9FTx6aHdTO4jAVL7FAnJ/

In a year where prosecutions of police officers often failed, the murder conviction and life sentence of East Point Sgt. Marcus Eberhart is a significant exception.

In some ways, the sentencing of a police officer to life in prison reflects the new realities of the post-Ferguson world; and in some ways not. Ever since Michael Brown was fatally shot by police in Ferguson in 2014, the public has been consumed by accounts in which officers kill civilians in the line of duty, especially African Americans. Incidents that would have been local news stories, now rise to national events accompanied at times by protests if not riots.

The East Point incident, however, occurred four months before Ferguson. In April 2014, Eberhart and another officer were accused of using a Taser more than a dozen times on a handcuffed Gregory Lewis Towns Jr. Eberhart was the commanding officer at the scene; the other officer, Cpl. Howard Weems, was convicted of aggravated assault and sentenced to 18 months.

Advocates say the Eberhart case reflects the effectiveness of a particular strategy in prosecuting police officers, one in which Fulton County and DeKalb County prosecutors are leading the way. Eberhart was charged with felony murder, a charge which means the victim died while the defendant was committing a separate felony.
Consequently, Fulton County District Attorney Paul Howard did not have to prove the officer had a specific intent to kill the victim, as required for a murder charge. He only had to prove the officer intended to commit the accompanying felony of aggravated assault.
“It’s an easier bar to clear,” said Dean Dabney, a Georgia State University associate professor of criminal justice and criminology. “With murder you have to prove the intended killing of another with malice and aforethought. It’s a different hurdle to clear with assault.”

This is the first time I've heard of the specific charge of "Felony Murder" but if it's what has to be used to gain justice then I hope it's used in every case from now on. I thought you allk would like to hear about tthis too.

[The Velveteen Ocelot]

1. "Felony murder" is actually a pretty common charge.

It's considered second-degree murder, and is usually charged in a situation where the defendant kills someone while committing another felony even if they didn't intend to kill anybody. An example might be a rape where the victim is being restrained so hard that she suffocates, or a burglary where the burglar is discovered by the homeowner and he shoves him down the stairs, causing his death, while trying to escape. I've never heard of it being used in the prosecution of a police officer, but maybe that's because police officers don't get prosecuted for anything very often.

[unblock]

2. It's an old legal concept

The classic example is a guy robs a store with his finger in his jacket pretending it's a gun.

The store owner is convinced enough to have a heart attack and dies.


The defense can argue all they like that he didn't use a real gun because he didn't want anyone to actually get hurt. He still committed a felony that resulted in a death, ergo, felony murder.

[malthaussen]

3. For it to work, you have to prove the officer was committing a felony...

... which could provide some interesting routes to conviction. But it would have a difficult time with the "I was in fear of my life" defense.

-- Mal

[StopTheNeoCons]

4. Only the black cops will be successfully prosecuted

white cops get a pass