WOW! St. Louis police are not happy enough that the game is rigged in their favor

[happyslug]

45. I have dealt with brass plated idiots all my life...

I have found out long ago, do not fight them, they will either ignore you or call you a radical to be ignored. The better policy is to undermine them and embarrass them. Make them a Joke, show that the decision they made was a bad joke. Cyril Wecht, former coroner of Allegheny County (County Seat, Pittsburgh PA), states that the evidence clearly shows that the victim was 35 feet away when he was shot. Even if the Victim had fought the officer in the officer's car, any legal use of deadly force had long ended by the time the victim was 35 feet away.

Thus the prosecution has an easy case of a manslaughter. I do NOT think you can prove the intent needed for Murder, but Manslaughter would be an easy conviction.

Side Note: I do NOT know if this is what happened, but my suspicion is that the officer stopped and asked the victim a question. The question was answered and the officer drove off, the victim then said something that the officer heard and hit his breaks and reversed his car to where the victim was still standing (This is based on what witnesses saw). Please note the Officer said, he pulled away and then realized they match the description of the thieves reported on the radio a few minutes later, thus he hit the brakes and put his car in reverse.

Please note the victims were killed 61 seconds AFTER the officer had radio in that he was stopping two men for walking down the middle of the street:

http://www.stltoday.com/news/multimedia/special/darren-wilson-s-radio-calls-show-fatal-encounter-was-brief/html_79c17aed-0dbe-514d-ba32-bad908056790.html

The Officer was mad do to whatever the victim called the officer (what it was is unimportant to this discussion). Being angry, the Officer grabbed the victim and tried to pull him into the patrol car, thus explaining the DNA of the victim in the car. The victim was able to break free and started to run away. The Officer left his car and yell for the victim to stop (this would be part of his training, and in crises you do as you are trained).

When the Officer yells to "Stop" his weapon was NOT yet pulled, but he was pulling his weapon (again his training). The victim then stopped and turned and the Officer then opened fire. The Officer hopefully was trained NOT to open fire unless someone was to close and a danger to the Officer. Unfortunately either the Officer forgot his training, or he was never trained, but just yelled for the victim to stop as he was pulling his weapon, and by the time he had pulled his weapon, the victim had stopped, turned and had his hands up. As the victim was stopping and turning, the officer brought up his weapon to a firing position, once in a firing position opened fire. The stopping by the victim, the order to stop, the pull of the weapon and the firing of the weapon could be done in two to five seconds. No thinking just reacting but both parties.

If what I describe above is the case (and I suspect it is), it is NOT murder, no premeditation, but I believe it is Manslaughter. You do NOT need intent to kill someone to be convicted of Manslaughter. In the OJ Simpson Murder trial, I suspect the jury would have convicted OJ Simpson of manslaughter, but that was NOT an option to that jury,

In the OJ Simpson case, his Defense team had asked the judge to force the prosecution to decide which charge, Murder or Manslaughter, would be tried for the defenses for both would be different. In most cases manslaughter is a lesser included offense, but every so often you get a case where the defenses to each crime are different.

The Judge agreed with the Defense to exclude one of those charges, but the Judge gave the prosecution the option to choose, and the prosecution opt for Murder. In my area that type of case is made a manslaughter case by the Judge, but that prosecution team was just incompetent (and I can say the same for the Judge, the Judge should have told the Prosecution that he was dismissing the charge of murder for the Judge saw no way for the Prosecution to prove premeditation. On the other hand the Prosecution could prove that OJ Simpson did the killing with ease).

The same with this case, given Cyril Wecht's opinion, the prosecution can show that the victim was 35 feet away and with his hands up at the time of the shooting. What happened before would explain what the officer did, but an explanation is NOT a justification. Remember also by the time the officer was out of his vehicle, he had put the vehicle between him and the victim (Which would be the result of his training). Thus, unless the victim had a firearm, the officer was in no danger when the officer opened fire.

http://www.stltoday.com/news/multimedia/special/darren-wilson-s-radio-calls-show-fatal-encounter-was-brief/html_79c17aed-0dbe-514d-ba32-bad908056790.html

Given what has been said about this grand jury and how the evidence was presented to them, the prosecutor lost every black vote, but I assume he knew that going in and was willing to lose those votes to get the support of the Police, both as DA and in any future elections AND those people who support the police. Thus you have to humiliate him and his technical boss, the State of Missouri Attorney General.

Please note, just because one Grand Jury did not indict him, does not mean another can not. Grand Juries are NOT like juries at actual trials, they decisions are NOT final as to the charge unless the statute of limitation has run out and there is no stature of limitation for Murder and in most states Manslaughter.

Now Missouri says a "Class A" Felony has no limitations, but all other classes have a three year stature of limitation.

http://www.criminaldefenselawyer.com/criminal-case-statute-of-limitations/MO-felonies-misdemeanors.htm

Murder is a "Class A" Felony, Manslaughter is a "Class B" or "Class C" felony, so they have to file the charges within three years of the date of the killing:

http://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/missouri-felony-class.htm