Felony Murder

[HedonistForever]

The Atlanta police officer could be be charged with felony murder ( the Grand Jury will have to do the charging ) and 7 additional counts including assault with a deadly weapon not only against the victim but against 2 civilians seating in a car that was hit by one of the bullets fired by the cop.


https://www.cnn.com/2020/06/17/us/ra...day/index.html


The Atlanta Police officer who shot and killed Rayshard Brooks at a Wendy's parking lot last week was charged with felony murder, and the other officer on scene was charged with aggravated assault, Fulton County District Attorney Paul Howard announced Wednesday.

The decision comes just five days after Brooks was shot twice in the back in Atlanta during an attempted arrest. Officer Garrett Rolfe, who shot at Brooks three times, faces 11 charges in all, and officer Devin Brosnan, who was also on scene, faces three charges.
After shooting Brooks, Rolfe said "I got him" and kicked him, and Brosnan then stood on Brooks' shoulder, Howard said. The officers did not provide medical aid to Brooks for more than two minutes after he was shot, Howard said.
Their demeanor after the shooting "did not reflect any fear or danger of Mr. Brooks, but reflected other kinds of emotions," Howard said.
Brosnan has agreed to be a state's witness, Howard said.

"I don't remember a circumstance where we had an officer, particularly in a case this important, to step forward and say that they would cooperate with the state," he said.
Three of the counts against Rolfe are for aggravated assault related to a bullet he fired that hit an occupied vehicle nearby in the Wendy's lot. Brosnan's three charges include two counts of violations of oath of office.
Rolfe was fired and Brosnan was placed on administrative duty in the wake of the shooting.

[oeb11]

As I understand the process - the DA charges the accused, and the Grand Jury returns an indictment after deliberation.

[HedonistForever]

I would think in an alternate universe, the cop could beat this charge but in Atlanta with BLM now running the show in America, he doesn't have a prayer.


My guess he will settle for 20 years if the DA will make the deal and I doubt he will be in the mood to when he thinks ( from what he said at his news conference ) that he thinks he has a slam dunk and on 8 counts, some of which could get him 20 years alone, I think he does.


What was interesting and telling from the news conference was how the DA made a big case out of how Brooks was so co-operative, as if "there was no reason to shot a man that was co-operating". I thought I was listening to Chung Tran for petes sake.


UH! Mr. DA, you left out the part about resisting arrest, assaulting police and firing a Taser at the police!


Get this, the DA says, "you can see from this picture that the cartridges from the Taser Mr. Brooks fired were going over the head of the cop and would not have hit him". Excuse me? And the cop was suppose to know that before firing?


Bad news for the cop is that there is a blink of an eye in time after Brooks fired and missed and the cop shot. If I was the defense attorney, I would make the case that in the heat of the moment, it wasn't enough time to decide that no bodily injury to the cop would occur which is necessary for the defense of use of deadly force.


The DA will say that there was enough time and after not being hit with the Taser, the cop should have known there was no additional "injurious" force coming at him and should not have fired.


While all that might have a chance of a winning argument, yelling "I got him" what lawyers call an "excited utterance" which can be used against "state of mind" that the cop was pleased, excited by what he had just done and the coup de gras, the cop appears to have kicked Brooks while he was laying shot on the ground. The jury isn't about to let that slide and that could get him 20 years on just that count.


Then there is the assault with a deadly weapon against 2 civilians sitting in a car when one of the bullets fired hit the car.


A Georgia law that I was not familiar with apparently ( according to the DA) says that a cop may not fire a Taser at a suspect running away from him and if a cop can't fire a Taser (which apparently the cop did ) he sure as hell can't fire his gun.


Another apparent law which sounds a bit iffy to me, is that a Georgia cop must "immediately" tell a suspect why he is being arrested, which sounds to me like that means before you attempt to put on the cuffs and the cop didn't do this. From years and years of watching cops on TV, no law like this was ever mentioned, as a matter of fact, the opposite was said hundreds of times that either the cop would explain things after the cuffs are on or that the cop had no duty to explain why he was being arrested at all.


I would always think "And if you don't like why you are being arrested, you object and that changes things? Really? If you have a better understanding of the law than the cop, in your opinion, he can't arrest you?


The other cop put his foot in it literally, when he can be seen standing on Brook's shoulder like he is making sure he can't get up. Apparently that is against the law and both waiting to long, in the opinion of the DA, to "render aid". I think it was 2 minutes and 13 seconds.


So, that's the case in a nut shell. Step up if you want to play lawyer.

[HedonistForever]

Originally Posted by oeb11

As I understand the process - the DA charges the accused, and the Grand Jury returns an indictment after deliberation.

Correct. They can add or drop charges recommended by the DA and apparently the cop can give his side of the story if he wants. I had never heard that before. I always heard that in a Grand Jury, only the DA makes his case which is why they say a DA can indict a ham sandwich because only his perspective is addressed. The ham sandwich doesn't get to talk.

[oeb11]

HF - thank you - that is also my understanding.

Looks like the DA will make his points with the OBLM voter group - and crucify the "White Devil" -

Georgia cops may decide to vote with their feet and leave for greener pastures elsewhere , or diffeent professions.

No matter - in the days of "Defund, Disarm, and Disband" the popo - law abiding Georgia citizens will lose due to no protection or rule of law - other than the untrammeled Mob of OBLM terrorists.

[gnadfly]

Git yer shittin' britches on. There will no way this doesn't piss off a large portion of the population.

Time to consider central American countries.

[HedonistForever]

Originally Posted by oeb11

HF - thank you - that is also my understanding.

Looks like the DA will make his points with the OBLM voter group - and crucify the "White Devil" -

Georgia cops may decide to vote with their feet and leave for greener pastures elsewhere , or diffeent professions.

No matter - in the days of "Defund, Disarm, and Disband" the popo - law abiding Georgia citizens will lose due to no protection or rule of law - other than the untrammeled Mob of OBLM terrorists.

I just noticed that you had addressed the charging in the Law and order thread, sorry if I stepped on your scoop. When I logged on and didn't see a new thread, I thought I had the scoop!


True, I can't see how any cop on the Atlanta force could remain after this. I think you would have to be literally crazy to become a cop or stay on the force even if you believe you would never do anything like this. I imagine we'll will see a drastic reduction in police, exactly what BLM wants. Careful what you wish for, less police will absolutely mean more crime. That's a bet you are sure to win.

[oeb11]

no problem good sir - I have no monopoly on information dispersion!
9500 can testify and attest to that fact!

[HedonistForever]

Originally Posted by oeb11

no problem good sir - I have no monopoly on information dispersion!
9500 can testify and attest to that fact!

I can longer testify to anything he may or may not attest to!


Oh! Shit! Did I just do it again?

[oeb11]

Originally Posted by HedonistForever

I can longer testify to anything he may or may not attest to!
What a blessing.

Oh! Shit! Did I just do it again?

No worry! chuckle.

[Levianon17]

Originally Posted by HedonistForever

The Atlanta police officer could be be charged with felony murder ( the Grand Jury will have to do the charging ) and 7 additional counts including assault with a deadly weapon not only against the victim but against 2 civilians seating in a car that was hit by one of the bullets fired by the cop.


https://www.cnn.com/2020/06/17/us/ra...day/index.html


The Atlanta Police officer who shot and killed Rayshard Brooks at a Wendy's parking lot last week was charged with felony murder, and the other officer on scene was charged with aggravated assault, Fulton County District Attorney Paul Howard announced Wednesday.

The decision comes just five days after Brooks was shot twice in the back in Atlanta during an attempted arrest. Officer Garrett Rolfe, who shot at Brooks three times, faces 11 charges in all, and officer Devin Brosnan, who was also on scene, faces three charges.
After shooting Brooks, Rolfe said "I got him" and kicked him, and Brosnan then stood on Brooks' shoulder, Howard said. The officers did not provide medical aid to Brooks for more than two minutes after he was shot, Howard said.
Their demeanor after the shooting "did not reflect any fear or danger of Mr. Brooks, but reflected other kinds of emotions," Howard said.
Brosnan has agreed to be a state's witness, Howard said.

"I don't remember a circumstance where we had an officer, particularly in a case this important, to step forward and say that they would cooperate with the state," he said.
Three of the counts against Rolfe are for aggravated assault related to a bullet he fired that hit an occupied vehicle nearby in the Wendy's lot. Brosnan's three charges include two counts of violations of oath of office.
Rolfe was fired and Brosnan was placed on administrative duty in the wake of the shooting.

The next Officer who gets a call like that will respond approach the vehicle blocking the Drive Thru and tell him to either stay awake and proceed through to get his food or park his/her vehicle in a parking spot and continue sleeping. He won't check for any degree of impairment, warrants ect. He'll just get back in his unit and tell the dispatcher, "subject is no longer blocking the Drive Thru subject moved vehicle without incident", I am 10-8.

[Jackie S]

I watched the news conference with that Atlanta DA.

He isn’t just a moron. He is Maxine Waters moron.

[bambino]

Originally Posted by Jackie S

I watched the news conference with that Atlanta DA.

He isn’t just a moron. He is Maxine Waters moron.

He’s also being investigated for campaign fraud

[oeb11]

The DA is also under sexual harassment investigation. https://www.ajc.com/news/local/fulto...eiBbC4OlNLP4L/

He ispandering for re-election.

Long-term - when Atlanta and fulton county have no cops - their Anti-Fa can solve all their problems.

First thing they will do for an emergency call - check ur race, and party affiliation - only black Democrats need call.

[HedonistForever]

Originally Posted by Jackie S

I watched the news conference with that Atlanta DA.

He isn’t just a moron. He is Maxine Waters moron.

I agree, that was pitiful. He made so many incorrect statements and I think misstated a few laws to boot. I hope the trial is televised.