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BMc

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Everything posted by BMc

  1. If Trey was prosecuting the case, I might have faith in a murder 1 filing and then hope to get a plea to 2nd degree to avoid a trial. The elements of 1st degree (and 2nd degree), were not there, (according to Hennipin Minn. co. attorney Mike Freeman) since you have to prove premeditation, malice aforethought with the specific intent to kill. Usually very difficult to prove in any murder case and almost impossible to prove in the trial of a police officer, "under color of authority" Perhaps South Carolina has a lesser burden of proof, or Trey Gowdy may be a "high filer" to increase the odds of a plea agreement, (which may or may not explain his position on what he believes is appropriate as a charge) It is common for DA's to over file cases and sometimes it backfires on them, because the defense will use that as being proof that the state was, "out to get" the defendant and similar arguments which juries sometimes buy because, "don't forget, the DA is just another cop only wearing a suit instead of a badge and a gun" Manslaughter, on the other hand, has a general intent requirement, where the burden is met simply by the doing of the act, by proving a reckless disregard for human life resulting in death. The state pretty much has that one locked down tight by the video evidence. (if it can be proven that the knee in the neck was the cause or contributed to the cause of death) The coroner's finding will be key on causation but likely be challenged by defense counsel expert witness testimony. Often these types of cases are won or lost by Forensic pathology. The side that retains the most eminent and convincing Forensic Pathologist may have a "leg up" toward success because juries are the ultimate triers of fact and a highly credentialed scientist tends to be a very convincing authority in front of a jury. Personally, I think the DA filed what he honestly believed he could prove in court( which is the ethical standard for filing a criminal change against a defendant). If the ongoing investigation reveals additional facts relevant to an elevated filing, the prosecution would, no doubt bump it up, since it increases the odds for a plea bargain. However, it should be noted that due to the notoriety and incendiary nature of the case, the DA may choose not to accept a plea down to manslaughter and that's when you will need a Trey Gowdy type "For the People" If a Dream Team is brought in, similar to the O.J Simpson case, and a change of venue is granted, all bets are off. Keep in mind both sides will likely be trying to pack the jury with a majority racial - makeup advantage. I suspect there will be a few surprises along the way, possibly starting with conflicting interpretations of the results of multiple autopsy reports, including cause of death and evidentiary issues. Probably a long road ahead for both sides.
  2. Good Luck Luke and Best Wishes!
  3. No Luke, you are not my son, but your posts reminds me of my self when I was young. And if you don't mind using the term Geezer, I don't think you should mind me using the term son. And it's not about me thinking that your patriotism isn't as grand as mine, what ever that's supposed to mean. After Vietnam, my "grand" patriotism, wasn't quite as grand as you might think. It did open my eyes, as life experiences tend to do. But I never lost faith in the meaning behind the symbolism which you cryptically refer to as a "deluded version of US vs Them" It's not about serving or not serving either. It's about what sounds like a grandiose, mistaken and ill informed perception of what other peoples beliefs and motivations are about. And to make a sweeping statement like you did, claiming to have such knowledge which can only be achieved by extensive life experience, IMO, smacks of immaturity, idealism and a bit of hubris, with all due respect sir. As I was once told many years ago, Take a fool's advice. Keep the idealism, and toss out the hubris. Maturity will come with age and experience.
  4. We better be. And it's not the distorted, "more concerned"; it's not difficult to understand. It's all a major concern. And one doesn't justify the other. As much as some would have us believe.
  5. That's the rumor that's going around . . .
  6. Absolutely. But I hope you're not saying that just because it's possible, and it's like it's no big deal that it makes it right?
  7. Luke, son, now you're just rambling willy - nilly. I understand that " Kaep" is a folk hero to the down trodden masses and to idealist's. He's a folk hero for taking on the man. Wonderful. His message was mostly drowned out because people didn't want his rights to infringe on their rights at a football game which they were paying to see, without what THEY, perceived to be disrespect for "the song" and "a piece of cloth" The difference is, it's a song and a piece of cloth that is dear to Americans, in this case the paying public, for reasons you seem not to understand. Luke, I'm not much of a sports fan. Personally, I wouldn't be interested in going to an NFL game anymore. I went to some back in the day, when the Raiders were in L.A and I was a big fan when they were in Oakland.. But I am a supporter of traditional and historical values. Maybe to you, that's "Old School", and only "Geezers" do that, and maybe you don't believe in capitalism or personal property rights, but to sports fans, apparently it was a big issue and they paid their money and made their choices. That was their right. and "They" believed it was the wrong soap box at the wrong place at the wrong time. "Service members who fought and died in defense for our country didn't do it for a flag or a song. They did it for what the flag and the song represent" Really Luke? Maybe I'm not giving you enough credit. You must have one hell of a lot of combat experience to impart such breath taking revelations. If that's the case, I humbly salute you Sir!
  8. "In America, all things are possible"
  9. I'm not getting it I guess. I don't see a conflict, otherwise I would have tried to clarify any perceived contradiction or misconception. I also didn't see a correlation between the Kaepernick example and your reference that I agree with him. I'm not sure where the misunderstanding lies but if you would be so kind to explain the conflict to me, I will make an earnest effort to reconcile the disparity.
  10. Sorry Luke, I can't hang with the "non-patriots" on this one.
  11. Well Chris, you're right. We don't know each other, but I don't think I would take anything you have to say as being personal or offensive. We might not see everything exactly the same way but there's nothing wrong with that. There can be disagreement even among friends. I apologize if my post did not clearly express the above summation that you quoted. I detest police brutality and criminality. And I do take instances of police brutality personally, for several reasons: Not only is it morally wrong in the extreme, it is devastating to the image of what every good Cop stands for and tries to be. It is also stupid behavior plain and simple. My opinion on the possible cause of death of Mr. Floyd was based on my experience as a Police Officer/ Investigator in the Oakland Bay area in the 1970's and training and experience in Homicide/Death Investigations, attending autopsies, dealing with corner cases etc. I did not mean to imply any sympathy for, or make any excuses for the behavior of the police. it was not in any way defensible; quite the contrary. it was reprehensible! Finally, one of the first things a cop is taught in the police academy, is: "The Badge is not a Shield" If a cop is "badge heavy" out there on he street, (a term used by cops to describe a cop who leans towards excessive force} he is risking the life of every cop he works with. And he should have been hearing about it long ago from his peers, and from his supervisors on his personnel evaluations. Obviously, there are many questions that have yet to be answered.
  12. Yeah Chris, that tends to go back and forth too. Until eventually, it seems to always break down into personality issues . . .
  13. "Property is replaceable, People are not. They are not equal, nor should they be viewed that way" I agree. Nor should either be destroyed with impunity or callous disregard for the law.
  14. Wow Chris! Anybody that knows me at all, knows that I am anything but a fence sitter. IMO, I call them like I see them, but I certainly don't feel like it has to be a totally one sided, agree or disagree matter, as in picking sides between the cops or the criminals. In this case, I condemn both because individual behavior requires individual accountability.
  15. OK Chris. Fair enough. I wasn't dwelling on the history so much as the individual examples.
  16. I do. 1 Caliche Chris reacted to this "I do." Chris, this is your reaction to Bob's response . . . ?? High five as well seems to me, and why not?
  17. I guess I must be stupid too then. Personally, I never did see the cause and effect relationship/justification between being outraged about police misconduct and violence against innocent people, and unrestrained looting and arson. Lots of minority owned businesses get destroyed as well. Much of it done by outside instigators and ANTIFA terrorist types bent on creating chaos, violent societal revolution, and race wars.
  18. I'm not a White's guy, but looks and sounds like you managed to tweak it to where an improvement in performance might serve you well in the field! Let us know how it turns out.
  19. Yeah, Chris, I feel your pain, but IMO, that goes on across the board on more than one side. It's competitive differences of opinion among members. And some posts are obviously more provocative and controversial than others, I agree. But many here on the forum find it to be a stimulating diversion compared to crickets, and the Admin allows it, (up to a point)
  20. If any of the officers were aware of the knee/neck situation and didn't try to stop it, IMO that officer is wrong for standing by and doing nothing. One of the many things that bothers me about this disgustingly tragic episode, is the lack of apparent training and supervision on the part of the police. Who's call was it? The responding officer should normally be in charge and responsible unless a supervisor is present at the scene. Who was the senior officer at the scene? The senior officer should have taken over and intervened to stop the use of the knee against the neck. (except in this case, the senior officer was probably the one committing the unauthorized use of force) Any officer could have stopped it but apparently no one (in uniform), tried to. Where was the training and discipline that is expected of a professional police officer in today's society? Why was there an apparent lack of even a most basic CYA/PR concern by the police regarding the optics of kneeling on a black man's neck, in front of video cameras, especially when a black man is begging for his life? (it shouldn't have been done in private either) but to do something like that in a public setting is mind boggling to say the least. IMO, there is no evidence at this point, that racism had anything to do with it. This wasn't the Deep South of the past, (and I am aware that there is no regional monopoly on racism) but I don't think you can use racism as an explanation or as blame for stupidity, ignorance and lack of training and disciplinary deficiencies. (or for the inefficiencies, vulnerabilities, and weaknesses of the leadership of the police department and city administration) I think the cop was dumb as dirt and shouldn't have been wearing the uniform to begin with. His demeanor on the video shows him acting like he doesn't think he's doing anything wrong. He may even try an insanity defense! Based on what I saw in the video, the cause of death wasn't asphyxiation due to blockage of the carotid artery. Typically, these types of cases have multiple contributing factors, such as health of the decedent; heart disease or condition, alcohol or drug content in the body, etc. That's one reason a toxicology report usually has a bearing on the charging elements and knowing what is valid and provable against a suspect in a court of law. In this case, it appears that the DA's office didn't have time to wait for the toxicology report to come back due to the social upheaval in the community. The combined weight/ restraint of the other officers may have contributed to the death but it's unlikely that the knee in the neck alone was the cause, IMO. The whole thing just makes me sick but IMO, it's not because "the police are out of control" per se. It's because the police department of Minneapolis was not in control.
  21. Not sure what you call hot. Supposed to be around 111 in Phoenix this Thursday . . .
  22. Driving the back roads so I wouldn't get way-hayed . . .
  23. And shaken every kind of rig that's ever been made . . .
  24. Not sure you would want to wait 'til then Grubs. Might be a little much. I went through the 1994 Northridge Ca. 6.6 quake when I lived in Northridge. It felt like a near miss from a B-52 strike. Buildings and freeways collapsed, fires burning everywhere, gas lines ruptured and hissing loudly, basic utility services out, no lights, except for generator/battery/gas powered. My front door was jammed and my back/garage door had buckled shut, so I had to crawl under it to get out and start turning off the broken gas lines in the neighborhood. Lasted about 3-4 days. Those who were prepared, tended to ride it out OK, and able to help others who weren't. I happened to have two outside freezers packed full of venison, beef, pork, and fresh caught ocean fish. Fortunately, I had a lot of propane bottles for the BBQ, and lanterns to go with it. After the safety issues were dealt with, it was a non-stop block party but not something I would want to go through again. The devastation had to be seen to be believed. Several people killed and injured.
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