Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

blkmusclmachine

(16,149 posts)
Mon Nov 24, 2014, 10:19 PM Nov 2014

No indictment in Ferguson case

Source: USA Today

FERGUSON, Mo. -- A white police officer will not face charges for fatally shooting an unarmed black teenager in a case that set off violent protests and racial unrest throughout the nation, an attorney close to the case said Monday night.

A St. Louis County grand jury declined to indict officer Darren Wilson, 28, for firing six shots in an August confrontation that killed 18-year-old Michael Brown, said Benjamin Crump, an attorney for the family. The decision had been long awaited and followed rioting that resembled war-zone news footage in this predominantly black suburb of St. Louis.

"The jury was not inclined to indict on any charges,'' Crump said after being informed of the decision by authorities. Prosecutors scheduled an news conference to announce the decision.


Read more: http://www.usatoday.com/story/news/nation/2014/11/24/ferguson-grand-jury-deliberations/19474907/



162 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
No indictment in Ferguson case (Original Post) blkmusclmachine Nov 2014 OP
based on McCulloch's statements of facts right now (I'm watching KSDK stream) alp227 Nov 2014 #1
Jesus wept. :( Starry Messenger Nov 2014 #2
My thoughts,too! n/t Duval Nov 2014 #81
Rodney King riots 2.0 start in 3-2-1... Archae Nov 2014 #3
I hope not. 840high Nov 2014 #5
Same here. Archae Nov 2014 #13
History teaches us that we learn nothing from history derby378 Nov 2014 #34
and utterly provoked PatrynXX Nov 2014 #64
Message auto-removed Name removed Nov 2014 #108
I doubt anyone here in MO was surprised. Indict a police officer? Ha bjobotts Nov 2014 #72
Message auto-removed Name removed Nov 2014 #114
Message auto-removed Name removed Nov 2014 #106
Oh, stop your Brainy Smurfing derby378 Nov 2014 #113
Message auto-removed Name removed Nov 2014 #115
There was nothing but anger on the faces of people interviewed leading up to the announcement Miles Archer Nov 2014 #8
my first thought too ... yuiyoshida Nov 2014 #21
I doubt it.... Spitfire of ATJ Nov 2014 #69
i doubt it. Ferguson PD is locked and loaded and ready to fire Heather MC Nov 2014 #86
Message auto-removed Name removed Nov 2014 #103
No way Reter Nov 2014 #150
The prosecutor giving the long winded statement on CNN LiberalElite Nov 2014 #4
You can tell how mad he is pothos Nov 2014 #14
When the DA walked out, I felt that the DA ... aggiesal Nov 2014 #6
let them celebrate heaven05 Nov 2014 #40
damn uppityperson Nov 2014 #7
Its sad when one could see this coming. Third Doctor Nov 2014 #9
Seems CNN's previous tweet was correct then: Triana Nov 2014 #10
I told you Robbins Nov 2014 #11
Absolute bullshit damnedifIknow Nov 2014 #12
jesus fucking christ... dhill926 Nov 2014 #15
His Mocking Tone Is Troubling otohara Nov 2014 #16
He blamed everyone BUT Darren Wilson. And he did it with a smirk on his face. - nt KingCharlemagne Nov 2014 #137
the machine wins again belzabubba333 Nov 2014 #17
The prosecutor was the defense attorney in this case. kelliekat44 Nov 2014 #18
Welcome to the Police States of America RoccoR5955 Nov 2014 #19
Unreal ProudToBeBlueInRhody Nov 2014 #20
None of those witnesses who testified before the Grand Jury were cross-examined aint_no_life_nowhere Nov 2014 #22
I was wondering the same thing Blue_Tires Nov 2014 #131
I chose to wait Iamthetruth Nov 2014 #23
I am sure heaven05 Nov 2014 #32
I saw a headline here on DU the DA won't release the evidence put forward n/t tom_kelly Nov 2014 #33
You'll be waiting a long time then. blackspade Nov 2014 #61
Maybe I heard it wrong Iamthetruth Nov 2014 #82
he did say that. all evidence will be released n/t orleans Nov 2014 #93
that would be a surprising development. blackspade Nov 2014 #123
you deserve a cookie noiretextatique Nov 2014 #148
Send me my damn cookie Iamthetruth Nov 2014 #157
Civil lawsuit? elias7 Nov 2014 #24
Sure. Also, federal prosecution is an option. (nt) jeff47 Nov 2014 #50
Impaneling another grand jury is also an option, truebluegreen Nov 2014 #89
The same DA would have to do it. jeff47 Nov 2014 #92
That's too bad. truebluegreen Nov 2014 #98
Again, MO law doesn't allow the Governor to do anything without the DA. jeff47 Nov 2014 #100
I get that. truebluegreen Nov 2014 #104
Early on he pressured the DA to step aside. The DA refused jeff47 Nov 2014 #124
Then maybe I'm being unfair to him. truebluegreen Nov 2014 #146
federal investigation in ongoing. eom noiretextatique Nov 2014 #147
did anyone really think there would be an indictment? Marrah_G Nov 2014 #25
no heaven05 Nov 2014 #31
Nope.... BronxBoy Nov 2014 #41
No Mugu Nov 2014 #46
there isn't enough alcohol in the world to makes us all that stupid! niyad Nov 2014 #53
no ALBliberal Nov 2014 #58
no ALBliberal Nov 2014 #59
No. GoneFishin Nov 2014 #75
I hoped there would be. Then I learned that the GJ was not sequestered. Then I read KingCharlemagne Nov 2014 #138
hell no, but noiretextatique Nov 2014 #149
Unf*cking real. Gemini Cat Nov 2014 #26
We don't have a Grand Jury system in Australia, Matilda Nov 2014 #27
A grand jury decides whether or not to indict. drm604 Nov 2014 #36
What are the circumstances Matilda Nov 2014 #38
That I don't know. drm604 Nov 2014 #42
The DA. He could have just sent it to regular trial. harun Nov 2014 #43
No, that shitstain McCulloch could have put it before a 'preliminary hearing' to KingCharlemagne Nov 2014 #139
More-or-less up to the prosecutor. jeff47 Nov 2014 #45
Wikipedia has an entry. drm604 Nov 2014 #51
There are essentially two ways to charge a defendant. ColesCountyDem Nov 2014 #70
Also GJ's can (rarely) "go rogue" Recursion Nov 2014 #79
True on both counts, no pun intended. n/t ColesCountyDem Nov 2014 #83
Generally the DA presents evidence (it's not a "trial" per se) Recursion Nov 2014 #76
Thanks to everybody for their help. Matilda Nov 2014 #105
In most state systems it is prosecutorial discression. CanonRay Nov 2014 #77
here's what i think is kind of weird/odd orleans Nov 2014 #99
Grand Juries date back to a time before public prosecutors Recursion Nov 2014 #116
I think you need nine Yupster Nov 2014 #128
No, it takes four votes not to indict. former9thward Nov 2014 #130
I think you actually do, but it's (almost) never used Recursion Nov 2014 #73
It varies a little bit from state to state Travelman Nov 2014 #96
Welcome to the new old South Africa CANDO Nov 2014 #28
Wonder when, or if, we shall see the emergence of a new ANC and a new KingCharlemagne Nov 2014 #140
The system is broken CANDO Nov 2014 #159
I won't advocate that anyone take up armed struggle, since I am unable to do so myself, but KingCharlemagne Nov 2014 #160
No indictment!!!!????!! TinkerTot55 Nov 2014 #29
At any time. (nt) jeff47 Nov 2014 #47
Federal Jurisdiction runs currently with the State's and the Federal Government can act pretty much 24601 Nov 2014 #67
no surprise heaven05 Nov 2014 #30
I wish I could say I'm shocked but I'm not azurnoir Nov 2014 #35
Sickened. historylovr Nov 2014 #37
And so the streak continues unabated....... BronxBoy Nov 2014 #39
Booooo m-lekktor Nov 2014 #44
Injustice LibbyTreehugger Nov 2014 #48
Hopefully the Protests Stay Peaceful erpowers Nov 2014 #49
so you consider the failure of the so-called "justice system" not a good reason to be upset? niyad Nov 2014 #55
Did Not Say That erpowers Nov 2014 #101
ok, thanks. niyad Nov 2014 #102
As long as black people stay inside their homes and don't venture out as KingCharlemagne Nov 2014 #141
I'm guessing the prosecutor made it clear he didn't want to indict this cop. alarimer Nov 2014 #52
I am guessing exactly the same, particularly considering lovemydog Nov 2014 #80
He probably smirked or 'winked' at the GJ as he made his KingCharlemagne Nov 2014 #142
Does anyone have any of the livestream.... ReRe Nov 2014 #54
What a shocking development.... blackspade Nov 2014 #56
A real non-surprise nikto Nov 2014 #57
Gunshots on one livestream, great =( JesterCS Nov 2014 #60
This is just a continuation of what is going on in the country kansasobama Nov 2014 #62
blaming liberals for this? Doctor_J Nov 2014 #162
I am profoundly ashamed to be an American today. MrModerate Nov 2014 #63
Please Iamthetruth Nov 2014 #90
So an indictment = revenge? On what planet? nt truebluegreen Nov 2014 #94
planet white noiretextatique Nov 2014 #151
A trial would have been public . . . MrModerate Nov 2014 #117
I've been doing the Canadian bit for years... truebluegreen Nov 2014 #109
And that fact hasn't been lost on America's friends. n/t MrModerate Nov 2014 #118
what is required to indict? Lucky Luciano Nov 2014 #65
It sounded like Michael Brown was on trial, not the cop. Spitfire of ATJ Nov 2014 #68
Everyone (victim, witnesses and media) was on trial BUT the cop. Ab-so-friggin'-lutely KingCharlemagne Nov 2014 #143
Oh shit!! Spitfire of ATJ Nov 2014 #158
If only Michael Brown had been a Wall Street Banker... nikto Nov 2014 #66
do not discount race noiretextatique Nov 2014 #153
I hope they release all of the evidence lovemydog Nov 2014 #71
At what point can an unarmed person be shot? confoosed Nov 2014 #78
Legally, after a reasonable person would feel fear for his or someone else's life Recursion Nov 2014 #84
I think the evidence from inside the car will be interesting confoosed Nov 2014 #87
If we get to see it (nt) Recursion Nov 2014 #88
State laws vary in regard to when a police officer may shoot an unarmed person. lovemydog Nov 2014 #91
My two friends who do ConLaw have opined that Missouri's law is impermissably broad Recursion Nov 2014 #111
Yes, that's what I figured. lovemydog Nov 2014 #119
A white police officer will not face charges for fatally shooting an unarmed black teenager workinclasszero Nov 2014 #74
Shameful . . . markpkessinger Nov 2014 #85
Bet it was a 9-3 vote down racial lines. Ash_F Nov 2014 #95
What a shameful Grand Jury decision, King_David Nov 2014 #97
Police car on fire. Bullets are exploiding from inside the burning car. C Moon Nov 2014 #107
the description that was read in the half hour statement orleans Nov 2014 #110
So Wilson was scared enough to fire two shots from his vehicle pasto76 Nov 2014 #112
You've summed it up well. nt SunSeeker Nov 2014 #129
his story makes sense noiretextatique Nov 2014 #152
This message was self-deleted by its author SunSeeker Nov 2014 #156
So, I imagine that the grand jury felt that Wilson could not receive a fair trial in court. world wide wally Nov 2014 #120
This is the 5 cop not indicted in Ferguson. sammy750 Nov 2014 #121
Unbelievable... Rhiannon12866 Nov 2014 #122
But the US is no longer a racist country! s/ Odin2005 Nov 2014 #125
burning joglee Nov 2014 #126
Thanks for your concern. - nt KingCharlemagne Nov 2014 #144
It would be appropriate for the President humbled_opinion Nov 2014 #127
Why would you declare a state of emergency if the fix wasn't in? Stryder Nov 2014 #132
And people think I'm silly when I say ZombieHorde Nov 2014 #133
Not all people. (n/t) Nihil Nov 2014 #136
Marx would argue that 'law' and 'the legal system' are part of a society's KingCharlemagne Nov 2014 #145
you are not silly noiretextatique Nov 2014 #154
Who do you fear more, the police or the people? SkatmanRoth Nov 2014 #134
I may be the only one here that didn't follow this story but what exactly happened? WhoWoodaKnew Nov 2014 #135
business as usual. eom noiretextatique Nov 2014 #155
Cop lost his temper. Murdered somebody. Ash_F Nov 2014 #161

alp227

(33,269 posts)
1. based on McCulloch's statements of facts right now (I'm watching KSDK stream)
Mon Nov 24, 2014, 10:21 PM
Nov 2014

it seems that there'll be no indictment.

derby378

(30,262 posts)
34. History teaches us that we learn nothing from history
Mon Nov 24, 2014, 10:44 PM
Nov 2014

I'm afraid you're right. We're all fucked.

PatrynXX

(5,668 posts)
64. and utterly provoked
Mon Nov 24, 2014, 11:07 PM
Nov 2014

by not doing this on Friday . by bringing in the national guard. by arresting the media again. The cops as they say Drew First blood yet again.

hence why a 12 yr old is dead now. toy gun. maybe we should ban all toy guns from now on...

Response to PatrynXX (Reply #64)

 

bjobotts

(9,141 posts)
72. I doubt anyone here in MO was surprised. Indict a police officer? Ha
Mon Nov 24, 2014, 11:13 PM
Nov 2014

Despair can be quite a motivator but this shouldn't be made about black vs white. It should be about poverty and income inequality joverall but our military police need to be restrained as they are so quick to to shoot first. Killing an unarmed man who is moving away from you are the tactics of a coward who has no business being in law enforcement. Ferguson police force should get rid of this guy. He flunks personhood for being human.

Response to bjobotts (Reply #72)

Response to derby378 (Reply #34)

derby378

(30,262 posts)
113. Oh, stop your Brainy Smurfing
Mon Nov 24, 2014, 11:44 PM
Nov 2014

Your complaints won't stop the cops from firing tear gas and rubber bullets in Ferguson tonight.

Response to derby378 (Reply #113)

Miles Archer

(23,014 posts)
8. There was nothing but anger on the faces of people interviewed leading up to the announcement
Mon Nov 24, 2014, 10:29 PM
Nov 2014

Granted, they did not interview every person on the streets of Ferguson. But the ones who WERE interviewed wanted an indictment and nothing less.

Prayers for everyone out on those streets. This could get ugly fast.

 

Heather MC

(8,084 posts)
86. i doubt it. Ferguson PD is locked and loaded and ready to fire
Mon Nov 24, 2014, 11:24 PM
Nov 2014

On more unarmed black people. I don't believe they will riot.

I do believe police in Ferguson will fire on a peaceful protest and call it a riot

Response to Archae (Reply #3)

 

Reter

(2,188 posts)
150. No way
Tue Nov 25, 2014, 12:13 PM
Nov 2014

That huge scale of riots will never happen again. It's been 22 years already.

LiberalElite

(14,691 posts)
4. The prosecutor giving the long winded statement on CNN
Mon Nov 24, 2014, 10:25 PM
Nov 2014

is really aggravating me. What a load of bull.

pothos

(154 posts)
14. You can tell how mad he is
Mon Nov 24, 2014, 10:32 PM
Nov 2014

He doesn't even want to be there doing this. You can tell he thinks that it even went to a grand jury is bullshit. Its disgusting.

aggiesal

(10,759 posts)
6. When the DA walked out, I felt that the DA ...
Mon Nov 24, 2014, 10:28 PM
Nov 2014

had a $hit eating grin the whole time he read his statement.

I knew then no indictment would come.

 

heaven05

(18,124 posts)
40. let them celebrate
Mon Nov 24, 2014, 10:51 PM
Nov 2014

with drunken, racist revelry. Their victory will by pyrrhic. It will be at great cost to blindfolded lady justice holding the scales. Justice is not blind in this country, it is for the privileged only.

Third Doctor

(1,574 posts)
9. Its sad when one could see this coming.
Mon Nov 24, 2014, 10:30 PM
Nov 2014

I don't know what to say about this right now. I really feel bad for Brown's parents right now.

Robbins

(5,066 posts)
11. I told you
Mon Nov 24, 2014, 10:31 PM
Nov 2014

This would happen.

All witnesses who saw shooting has been dismissed inless they go with what police wanted.

Police totaly change their story.

 

otohara

(24,135 posts)
16. His Mocking Tone Is Troubling
Mon Nov 24, 2014, 10:32 PM
Nov 2014

blaming the media, witnesses, social media...


This isn't going to go well

 

kelliekat44

(7,759 posts)
18. The prosecutor was the defense attorney in this case.
Mon Nov 24, 2014, 10:33 PM
Nov 2014

I just feel so bad for Michael's parents and all the parents of young black males. Police all over this racist nation will be shooting to kill as often as they like. Sickening.

 

RoccoR5955

(12,471 posts)
19. Welcome to the Police States of America
Mon Nov 24, 2014, 10:33 PM
Nov 2014

Where the police are also judge, jury and executioner, hiding behind their blue wall of silence!

aint_no_life_nowhere

(21,925 posts)
22. None of those witnesses who testified before the Grand Jury were cross-examined
Mon Nov 24, 2014, 10:34 PM
Nov 2014

That happens at trial. Yet, this butthole is talking about the credibility of the witnesses. The purpose of trial is to get at the truth and to verify whether they actually changed their stories. McCullough is giving us a summation at trial which is ludicrous. It's clear that the Grand Jury thought they were trying the case, which is absolutely inappropriate. Just one solid witness statement, even with a mountain of contrary evidence should be enough to establish probable cause. This case should have gone to trial. Fortunately, I'm a non-violent person and I won't wish any violence against the prosecutor. But if he gets taken down by a person outraged with his shenanigans, I won't shed a tear.

 

Blue_Tires

(57,596 posts)
131. I was wondering the same thing
Tue Nov 25, 2014, 02:12 AM
Nov 2014

I had to work late, so I was listening to the presser on the radio driving home....And I just had a big WTF? while listening to these long-winded explanations of what every witness saw at every point of the timeline, and how credible/consistent they may or may not have been...

 

truebluegreen

(9,033 posts)
89. Impaneling another grand jury is also an option,
Mon Nov 24, 2014, 11:27 PM
Nov 2014

although I don't know how that would work. New evidence, I think.

jeff47

(26,549 posts)
92. The same DA would have to do it.
Mon Nov 24, 2014, 11:31 PM
Nov 2014

MO law doesn't allow a special prosecutor unless the DA steps aside. So the same prosecutor would have to impanel another grand jury.

Since he used this one as an excuse to not indict, he's not gonna do that.

 

truebluegreen

(9,033 posts)
98. That's too bad.
Mon Nov 24, 2014, 11:36 PM
Nov 2014

He clearly has his agenda. I lay a lot of the blame for this result at the governor's feet as well. All I've heard from him is the need for more security and how everybody just needs to "heal." Nothing would be more healing than justice.

jeff47

(26,549 posts)
100. Again, MO law doesn't allow the Governor to do anything without the DA.
Mon Nov 24, 2014, 11:38 PM
Nov 2014

The only guy who could bring state charges is the DA. The governor's only option would be a special prosecutor, which requires the DA to step aside on his own.

 

truebluegreen

(9,033 posts)
104. I get that.
Mon Nov 24, 2014, 11:41 PM
Nov 2014

But nothing the governor has said has indicated to me that he is unhappy with the process as it has developed. I'm thinking "bully pulpit" not directives from on high.

jeff47

(26,549 posts)
124. Early on he pressured the DA to step aside. The DA refused
Tue Nov 25, 2014, 12:30 AM
Nov 2014

and insisted that the governor appoint a special prosecutor if he wanted one....which the DA knew was against the law.

 

truebluegreen

(9,033 posts)
146. Then maybe I'm being unfair to him.
Tue Nov 25, 2014, 10:00 AM
Nov 2014

I was out of the country at the time and only got the highlights. I haven't been impressed with his more recent actions/words.

 

KingCharlemagne

(7,908 posts)
138. I hoped there would be. Then I learned that the GJ was not sequestered. Then I read
Tue Nov 25, 2014, 09:37 AM
Nov 2014

the comments section of the various online local print media. Then I realized he would not be.

I will never buy anything made in Missouri EVER again and I will never voluntarily set foot inside that state again. If that means I have to quit a job, so be it.

noiretextatique

(27,275 posts)
149. hell no, but
Tue Nov 25, 2014, 12:11 PM
Nov 2014

The process is always illuminating, hopefully for those who think the justice system actually works.

Matilda

(6,384 posts)
27. We don't have a Grand Jury system in Australia,
Mon Nov 24, 2014, 10:39 PM
Nov 2014

so could somebody explain how it works?

Why was Wilson simply not tried before a judge and jury, with witnesses who could be cross-examined in open court?

What are the criteria for a Grand Jury trial instead?

drm604

(16,230 posts)
36. A grand jury decides whether or not to indict.
Mon Nov 24, 2014, 10:45 PM
Nov 2014

If they had decided to indict Wilson then there would have been a regular trial. So a grand jury trial isn't something that is done instead of a regular trial, it's a preliminary to it.

 

KingCharlemagne

(7,908 posts)
139. No, that shitstain McCulloch could have put it before a 'preliminary hearing' to
Tue Nov 25, 2014, 09:40 AM
Nov 2014

show probable cause. He chose the GJ route (and the particular way he presented it to the GJ) precisely to avoid having to indict a cop. He has to work with the cops after this case is over. You think McCulloch would do anything to damage his relationship with the local constabulary? Puh-leeze.

jeff47

(26,549 posts)
45. More-or-less up to the prosecutor.
Mon Nov 24, 2014, 10:52 PM
Nov 2014

Theoretically, there's supposed to be a grand jury before going to a trial. But prosecutors generally have the right to skip the grand jury and go straight to trial. (Details vary a lot by state)

Usually prosecutors don't bother with a grand jury unless it's a controversial case, or they're seeking an excuse to not indict.

ColesCountyDem

(6,944 posts)
70. There are essentially two ways to charge a defendant.
Mon Nov 24, 2014, 11:12 PM
Nov 2014

By far the most common method is for the prosecutor to file an 'information', in essence a criminal complaint setting forth the particulars of the offense. After the defendant's initial appearance in court, there is asunsequent evidentiary hearing, most commonly known as a 'preliminary hearing.

The second method is for a prosecutor to present evidence to a grand jury, explain the applicable criminal law, and ask the jury to return a 'true bill' ( indictment ). At one time, this method was preferred because it avoided having to hold a wide-ranging evidentiary hearing, limiting the defendant to challenging specific items of evidence in a much narrower proceeding. This is no longer true in many states, however, which is why filing a criminal information has become more common (less work for the prosecutor).

Recursion

(56,582 posts)
79. Also GJ's can (rarely) "go rogue"
Mon Nov 24, 2014, 11:20 PM
Nov 2014

Grand juries can (but rarely do) produce an indictment of their own initiative. DA's hate that.

Recursion

(56,582 posts)
76. Generally the DA presents evidence (it's not a "trial" per se)
Mon Nov 24, 2014, 11:18 PM
Nov 2014

So, generally, there's more or less always a grand jury just kind of hanging around, and whomever the DA wants to indict, he presents evidence to the jury asking for an indictment. It's essentially just a pro forma check on the prosecutor (the judge himself plays that role in a lot of commonwealth countries).

In some circumstances, like this one, the DA can impanel a grand jury specifically for a certain case.

Finally, there is legal precedent for a grand jury "going rogue" and presenting indictments without a DA asking to, but that's very rare.

Matilda

(6,384 posts)
105. Thanks to everybody for their help.
Mon Nov 24, 2014, 11:41 PM
Nov 2014

I wondered whether it was a way to get the result the authorities wanted without too much scrutiny, but that may be unfair.

In view of the already high tension, I would have thought an open case would be a safer way to go, so whatever the result, it's all open. It's hard to think there's not going to be a heap of trouble coming from this verdict.

But I won't point a finger at your system, because as a number of people on Twitter have pointed out, only one white police officer has ever been charged with killing a black person in Australia, and he got off. Seems we all have a long way to go towards racial equality.

CanonRay

(16,155 posts)
77. In most state systems it is prosecutorial discression.
Mon Nov 24, 2014, 11:19 PM
Nov 2014

In the Federal system all felonies must go through a Grand Jury.

orleans

(36,879 posts)
99. here's what i think is kind of weird/odd
Mon Nov 24, 2014, 11:38 PM
Nov 2014

there are 12 people on the grand jury

no one is allowed to ask how many voted to not indite the cop

so...obviously it doesn't have to be unanimous

if a single person on the grand jury votes to not indite does that make the ruling?

for all we know--it might.

and that sucks

Recursion

(56,582 posts)
116. Grand Juries date back to a time before public prosecutors
Mon Nov 24, 2014, 11:46 PM
Nov 2014

So if Fred shot Murray, Murray's family would present the evidence to the Grand Jury, and if they returned a true bill, Murray's family would have to prosecute the case.

It's a strange idea to imagine, personally.

former9thward

(33,424 posts)
130. No, it takes four votes not to indict.
Tue Nov 25, 2014, 02:04 AM
Nov 2014

If 4 out of the 12 vote not to indict then there is no indictment.

Recursion

(56,582 posts)
73. I think you actually do, but it's (almost) never used
Mon Nov 24, 2014, 11:15 PM
Nov 2014

The Governor General can call one to investigate a magistrate. IIRC it hasn't been used in decades, though.

Travelman

(708 posts)
96. It varies a little bit from state to state
Mon Nov 24, 2014, 11:35 PM
Nov 2014

A grand jury is specifically there to determine not innocence or guilt, but to determine whether or not it is likely that a crime occurred. They are charged with determining whether a preponderance of the evidence suggests that a crime occurred, and if so, what that crime would be (according to the statute). Technically, a grand jury does not have to indict a particular person; leaving aside the details of this case, it is possible (though very rare) that a grand jury can return a report that because John Smith was shot in the back of the head, it's almost certain that a crime was committed, but they don't find a preponderance of the evidence that Joe Blow is the one who committed that crime.

Not all cases involve a grand jury. A prosecutor may take the evidence, testimony, etc. that they have to a judge, and that judge may make a determination of probable cause. In some jurisdictions, a grand jury is guaranteed for any criminal indictment, even for minor things like traffic tickets, if the defendant demands it. In some jurisdictions, a grand jury is required by statute for certain crimes (most typically the top murder charges).

Each state sets up their own grand jury rules on their own. In the case of Missouri, the grand jury is selected from a standard jury pool, serves for some set length of time, and has twelve members. At least nine are required to agree in order to return an indictment. Other places are different: some require a simple majority, some require a unanimous grand jury, others require something in between. Some grand juries are much larger, 18-25 grand jurors, some are smaller, just six or eight.

Grand juries are often political cover for prosecutors in high-profile cases. If it's going to be problematic whether charges are brought or not, a prosecutor can toss it to the grand jury, and then no matter what the decision, when anyone asks, they can just say "well, this is the indictment that the grand jury returned." But that is far from the ONLY reason grand juries are convened. Sometimes, it's just a toss-up from the prosecutor's perspective, and they want the grand jury to make that coin-toss. Sometimes, a prosecutor wants to go through the grand jury frequently in order to preserve an appearance of impartiality. And, as noted above, sometimes it's mandated by statute.

Wilson was not tried here because that's not the function of a grand jury. A grand jury is the "gateway" to someone being prosecuted. It's a check upon prosecutors in general. Had the grand jury returned an indictment, then that would have triggered an arrest, arraignment (formal reading of the charges in open court), and then a trial (assuming that there was no plea agreement or the charges tossed out for some reason or another or something else to disrupt the trial).

 

KingCharlemagne

(7,908 posts)
140. Wonder when, or if, we shall see the emergence of a new ANC and a new
Tue Nov 25, 2014, 09:43 AM
Nov 2014

Mandela . Compliments to you for the analogy. (I cut my teeth as a political activist in the anti-apartheid campaigns of the '70s and '80s).

 

CANDO

(2,068 posts)
159. The system is broken
Tue Nov 25, 2014, 01:57 PM
Nov 2014

I'm a white man and it makes me ill that this travesty is allowed to happen. People will allege "why make this about race", to which I reply, you've got to be fucking kidding me! This is absolutely about race. You have a prosecutor acting as a defense attorney for the potential defendant in front of a grand jury that he possibly may have to prosecute at trial!

 

KingCharlemagne

(7,908 posts)
160. I won't advocate that anyone take up armed struggle, since I am unable to do so myself, but
Tue Nov 25, 2014, 02:17 PM
Nov 2014

when the 'system is broken,' armed struggle is a (not 'the') logical next step.

Against that, I would pose this very sobering comment by DU'er Feral Child that so struck me that I saved it:

Like all oppressed people through-out history, they (black people) realize that a mob can't over-run a cohesive force of well-armed, government supported troops, no matter how poorly trained and disciplined those soldiers may be.

http://www.democraticunderground.com/1014945402


To which I would then riposte that while a mob may not be able to "over-run a cohesive force of well-armed, government-supported troops" a small, determined body of irregulars using a hit-and-run strategy might be able to create conditions where the modern state's 'monopoly on the use of force' no longer holds sway. (This, in essence, was the strategy adopted by Ho Chi Minh, Giap and the Viet Minh against first the Japanese and then the French.)

24601

(4,139 posts)
67. Federal Jurisdiction runs currently with the State's and the Federal Government can act pretty much
Mon Nov 24, 2014, 11:09 PM
Nov 2014

at any time.

There can be a decision to defer or even to take no federal action even when it is possible. Federal Action regarding the October 2002 beltway snipers (John Allen Muhammad and Lee Boyd Malvo) was deliberately not pursued because it would have precluded prosecution by Virginia - based on that state's law.

A President an preempt federal charges with a pardon and a President's powers to pardon offenses are limited only by specific constitutional language. Sometimes a President just decides not to prosecute.

 

heaven05

(18,124 posts)
30. no surprise
Mon Nov 24, 2014, 10:42 PM
Nov 2014

just confirmation of all who knew no justice was in the cards for Michael Brown. I hope no one acts in an irrational manner and that all responses are thought out, rationally and logically. BE ANGRY, but BE SMART!!!!

BronxBoy

(2,287 posts)
39. And so the streak continues unabated.......
Mon Nov 24, 2014, 10:50 PM
Nov 2014

Cops do not get indicted for taking the lives of unarmed people of color......never have, never will be. Anybody with half a functioning brain can merely peruse the sordid history of unjustified shootings to see that.

I do think we are seeing a new low in the trashing of witnesses....Some folks here saw that trend developing sometime ago but it's disgusting nonetheless.

So the Kabuki theater has come to an end....Wilson can now make the rounds on all the Fox shows while basking in the glow of his new marriage. I'm sure we'll all hear about how the "system" worked and how we should be glad to live under such a system. Unless you're Black or Brown of course.....

Interesting how it seems the DA is speaking for Officer Wilson...my question is who spoke for Michael Brown.

erpowers

(9,445 posts)
49. Hopefully the Protests Stay Peaceful
Mon Nov 24, 2014, 10:55 PM
Nov 2014

Last edited Mon Nov 24, 2014, 11:35 PM - Edit history (1)

I am just hopping the protests stay peaceful. There is really no reason for anyone upset about the results to riot.

niyad

(132,106 posts)
55. so you consider the failure of the so-called "justice system" not a good reason to be upset?
Mon Nov 24, 2014, 10:59 PM
Nov 2014

of course, if there is a problem, my guess is that it will be started by the kkk or similar, not the people who are protesting.

erpowers

(9,445 posts)
101. Did Not Say That
Mon Nov 24, 2014, 11:39 PM
Nov 2014

I said there was no reason for anyone upset about the results to riot. Of course, people should be upset about the results of the grand jury. However, I do not see how riots will make things better. It seems riots will only make things worse by giving the critics of the rioters more to complain about.

 

KingCharlemagne

(7,908 posts)
141. As long as black people stay inside their homes and don't venture out as
Tue Nov 25, 2014, 09:45 AM
Nov 2014

pedestrians to, you know, shop or walk to school, they should be perfectly safe.

 

alarimer

(17,146 posts)
52. I'm guessing the prosecutor made it clear he didn't want to indict this cop.
Mon Nov 24, 2014, 10:56 PM
Nov 2014

Because most of the time, grand juries indict nearly everyone.

It's just a decision that there needs to be a deeper investigation.

I just can't believe the evidence was so poor in this case. I just can't. Something else happened.

lovemydog

(11,833 posts)
80. I am guessing exactly the same, particularly considering
Mon Nov 24, 2014, 11:20 PM
Nov 2014

he did not recommend indictment on any charges. That alone is highly unusual.

I believe a federal indictment is warranted.

I also believe a federal investigation of the prosecutor's office is warranted.

 

KingCharlemagne

(7,908 posts)
142. He probably smirked or 'winked' at the GJ as he made his
Tue Nov 25, 2014, 09:49 AM
Nov 2014

remarks to it. The written transcript will not show any smirking or winking by him.

blackspade

(10,056 posts)
56. What a shocking development....
Mon Nov 24, 2014, 11:00 PM
Nov 2014


I had very little hope that this murderer would see the inside of a courtroom.
Sigh...

kansasobama

(1,750 posts)
62. This is just a continuation of what is going on in the country
Mon Nov 24, 2014, 11:07 PM
Nov 2014

I am sorry to say- People have to VOTE. Authorities know people will not vote. It happened in 2014 elections, it happened in 1994, it happened in 2010. There were some pivotal moments in history where the left complained and did not vote. Ferguson voting record is a sad commentary. We have given away our rights-worker rights and we can easily be manipulated by Kochs and money. I am an older man and I just see the same thing. Progressives do not VOTE. Hard right always does.

 

MrModerate

(9,753 posts)
63. I am profoundly ashamed to be an American today.
Mon Nov 24, 2014, 11:07 PM
Nov 2014

My Australian colleagues are asking questions I can't answer, like "are you all crazy?"

I think I'll stay here in Western Australia and pretend I'm Canadian until my Permanent Resident visa comes through.

I recognize that this is not the greatest injustice America has ever perpetrated (I'm talking to you, Mr. Obama, and your drone program — not to mention your war-criminal predecessor), but it is profoundly dispiriting.

Justice isn't blind, but it is dead.

noiretextatique

(27,275 posts)
151. planet white
Tue Nov 25, 2014, 12:16 PM
Nov 2014

Where killing black people is fine, but prosecuting the people who kill them is revenge.

 

MrModerate

(9,753 posts)
117. A trial would have been public . . .
Mon Nov 24, 2014, 11:47 PM
Nov 2014

Thus preserving the "consent of the governed."

A Grand Jury is (typically) sealed, leaving the people no confidence that justice has been done.

The failure to indict is stupid, as well as evil.

 

truebluegreen

(9,033 posts)
109. I've been doing the Canadian bit for years...
Mon Nov 24, 2014, 11:44 PM
Nov 2014

and the longer I live outside the United States the harder it gets to ignore the collective psychosis.

Lucky Luciano

(11,857 posts)
65. what is required to indict?
Mon Nov 24, 2014, 11:08 PM
Nov 2014

It sounded like the prosecutor was going over every detail as if this was the full trial.

Shouldn't it be the case that if there is reasonable evidence to indict, then you should? That certainly exists and the details that were discussed by the prosecutor sounded like things that should have come out in a public trial.

 

KingCharlemagne

(7,908 posts)
143. Everyone (victim, witnesses and media) was on trial BUT the cop. Ab-so-friggin'-lutely
Tue Nov 25, 2014, 09:51 AM
Nov 2014

appalling.

 

nikto

(3,284 posts)
66. If only Michael Brown had been a Wall Street Banker...
Mon Nov 24, 2014, 11:08 PM
Nov 2014

That cop would be instantly convicted, executed and buried under the jail.

noiretextatique

(27,275 posts)
153. do not discount race
Tue Nov 25, 2014, 12:26 PM
Nov 2014

They would have claimed he was "demonic" and had superhuman strength. They would have found photos of him smoking a joint and wearing a hoodie, and deemed him "a thug in a suit." And the cop would walk.

lovemydog

(11,833 posts)
71. I hope they release all of the evidence
Mon Nov 24, 2014, 11:12 PM
Nov 2014

as the prosecutor said they would. Soon.

I want to read all the eyewitness testimony.

It is very hard to fathom how a police officer can shoot an unarmed man six times, killing him, and not face trial on any charges.

confoosed

(62 posts)
78. At what point can an unarmed person be shot?
Mon Nov 24, 2014, 11:20 PM
Nov 2014

Is it after you fear for your life, after they cause injury, or after they knock you unconscious?

Recursion

(56,582 posts)
84. Legally, after a reasonable person would feel fear for his or someone else's life
Mon Nov 24, 2014, 11:22 PM
Nov 2014

Which is why Wilson's "he was reaching for the gun" claim was probably very important.

lovemydog

(11,833 posts)
91. State laws vary in regard to when a police officer may shoot an unarmed person.
Mon Nov 24, 2014, 11:28 PM
Nov 2014

They have to do with whether the officer is in imminent fear of bodily harm. I'm not familiar with the laws in Missouri. I've read that many predicted no indictment because Missouri law gives the police a huge benefit of the doubt. Hopefully someone with more knowledge here will explain it better.

Recursion

(56,582 posts)
111. My two friends who do ConLaw have opined that Missouri's law is impermissably broad
Mon Nov 24, 2014, 11:44 PM
Nov 2014

And directly in conflict with the existing case law, but it would take a case making it up to the Federal circuit (difficult to do) to overturn it.

 

workinclasszero

(28,270 posts)
74. A white police officer will not face charges for fatally shooting an unarmed black teenager
Mon Nov 24, 2014, 11:16 PM
Nov 2014

No surprise at all. God help the poor, the non white and the worker in this unjust terrible country.

It has fallen so far in my lifetime that it puts me in utter despair to even think about it.

I pray for the family of the murdered kid who died with his hands in the air.

Fuck KochUSA and its bought and paid for scotus, congress and racist grand juries!!

markpkessinger

(8,908 posts)
85. Shameful . . .
Mon Nov 24, 2014, 11:22 PM
Nov 2014

This is shameful on every level. It was not up to the grand jury to make a determination as to Officer Wilson’s guilt or non-guilt, but merely to determine if there was a reasonable basis on which to bring the case to trial. The conflicting eyewitness testimony alone should have been reason enough to determine that this case needed to be heard before a trial court, and its outcome determined by a trial jury, not a grand jury.

orleans

(36,879 posts)
110. the description that was read in the half hour statement
Mon Nov 24, 2014, 11:44 PM
Nov 2014

about how he was shot is horrifying

michael brown was shot in the forehead and the top of the head????

he was bent over and was shot in the top of his head!!!???

was this cop really in fear of his life by this point that those two head shots needed to be made?

how disgraceful that no charges will not be filed against the cop.

pasto76

(1,589 posts)
112. So Wilson was scared enough to fire two shots from his vehicle
Mon Nov 24, 2014, 11:44 PM
Nov 2014

ok thats his call. I totally disagree with that but hey.

He had already called for back up.

he had already used lethal force (presumably) because he was in fear for his life.

Why the FUCK would he then get out of the car and pursue the person who had just made him fear for his life?

Why the FUCK didnt he wait for back up to arrive? Does it make any sense to re-engage that person without more and superior force?

I dont believe wilson would have shot him with another cop there. I believe he got out of his vehicle to teach Brown a lesson. To show him how bad ass he was. I believe he was acting from emotion, not training. And a young kid died as a result.

noiretextatique

(27,275 posts)
152. his story makes sense
Tue Nov 25, 2014, 12:22 PM
Nov 2014

Only to racists. He described Brown as "demonic," others said he was an "animal who needed to be put down." Same racist depictions of Trayvon Martin. The resident cop-apologists are already constructing the same shit about the 12yo who was just murdered in Cleveland. One asshole is claiming he was "armed"... with a BB gun. You never have to try the perp when you vilify the victim.

Response to pasto76 (Reply #112)

world wide wally

(21,836 posts)
120. So, I imagine that the grand jury felt that Wilson could not receive a fair trial in court.
Tue Nov 25, 2014, 12:00 AM
Nov 2014

What does this say about our trial system?

sammy750

(165 posts)
121. This is the 5 cop not indicted in Ferguson.
Tue Nov 25, 2014, 12:08 AM
Nov 2014

The Prosecutor has never charged a cop for murder.
WHY DID THE STUPID PROSECUTOR CHOOSE 9PM TO MAKE THE ANNOUNCEMENT. DOES ANYONE IN MO HAVE ANY BRAINS. FROM GOV NIXON ON DOWN IT BEEN STUPID DECISIONS.

Odin2005

(53,521 posts)
125. But the US is no longer a racist country! s/
Tue Nov 25, 2014, 12:30 AM
Nov 2014


Over at the Neo-Nazi haven called Reddit the fuckers are cheering.
 

joglee

(24 posts)
126. burning
Tue Nov 25, 2014, 12:34 AM
Nov 2014

Burning down the Little Caesars is certainly mot the way to show tour dissapointment in how this was handeled.

humbled_opinion

(4,423 posts)
127. It would be appropriate for the President
Tue Nov 25, 2014, 01:21 AM
Nov 2014

To go to Ferguson and stand with Michael Brown's family and talk about the changes that need to happen to help this country be all that it can be.

ZombieHorde

(29,047 posts)
133. And people think I'm silly when I say
Tue Nov 25, 2014, 05:10 AM
Nov 2014

law is just a social construct with no real authority or meaning.

 

KingCharlemagne

(7,908 posts)
145. Marx would argue that 'law' and 'the legal system' are part of a society's
Tue Nov 25, 2014, 09:57 AM
Nov 2014

superstructure that lives in constant dialectical relationship with its substructure. Where 'meaning' comes in all of this, I'm not quite sure of Marx' metaphysics.

SkatmanRoth

(843 posts)
134. Who do you fear more, the police or the people?
Tue Nov 25, 2014, 07:18 AM
Nov 2014

    It looks like the members of the Grand Jury know who to fear.

Ash_F

(5,861 posts)
161. Cop lost his temper. Murdered somebody.
Tue Nov 25, 2014, 07:24 PM
Nov 2014

He told the young man to get off the street. The boy did not respond quickly enough, so the cop attempted to capture the kid by hand; couldn't do it. The kid ran away and that is when officer lost his cool and started shooting.

After a couple shots, which missed, the kid turned around and tried to give up saying "ok, ok ,ok" but the officer kept shooting and struck him several times. There were many witnesses, including two white construction workers.

Then the entire town's government made it point to rob the victim's family of justice in as obvious a way as possible. The way in which the legal proceedings over the last few months were handle was such that they wanted to make sure that the community had their noses rubbed in it.

The District Attorney, Mayor and Police Chief are extremely crooked. It is like this in many towns across the country though, which makes it a national issue.

Latest Discussions»Latest Breaking News»No indictment in Ferguson...