@oralloy,
Quote:Who knows. All they knew was that there had been a series of break-ins.
Your answers conveniently ignore that it is FACT that Snr had no knowledge of any breakin that the suspect could be fleeing (none having happened that day). Granted he would have known of a series of breakins that occurred over a month ago - but to be clear - this doesn't go towards describing anyone as
fleeing a burglarly.
Quote:All of the surrounding circumstances / events / evidence (including the actual video of the confrontation) are consistent with an attempt to confront a suspected burglar. There is nothing to suggest anything more sinister than that.
The only surrounding evidence you appear to be considering, is the words spoken by Snr to 911, and to the police (that is - y
ou aren't considering any surrounding evidence). As I said, taking a criminals words for ‘why’ irrespective of the surrounding evidence, isn’t a good argument for manslaughter over murder.
Quote:Except your opinion about the reasonableness of his beliefs is not evidence that he didn't have those beliefs.
The problem is t
he reasonableness of his beliefs are a key issue (see quote below of different types of belief in law), particularly given his law enforcement background, working for both police, and the DA’s office, because:
- If he wilfully ignored the lack of evidence to hunt down a person and kill him, then that makes it malicious.
- If he wilfully ignored all his knowledge and training to hunt down a person and kill him, then that makes it malicious.
- So the question isn’t whether or not he supposedly ‘believed’ but whether or not such ‘belief’ was reasonable (ie. Whether or not there were any reasonable grounds, and whether or not he ignored his knowledge & training in forming his ‘belief’). This is the only way you can determine maliciousness, or not (and once again, taking a killers word at face value is not a good way to determine if there was any maliciousness.)
My very solid opinion is that he did ignore the lack of evidence, and he did ignore his knowledge and training. If you want to think that this will not be a cornerstone of the murder charge, that is up to you, but I've not doubt it will play a major part in the case. My view is that, given this, his behaviour was malicious.
Quote:Probable Cause: A common definition is "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true".[6] Notable in this definition is a lack of requirement for public position or public authority of the individual making the recognition, allowing for use of the term by citizens and/or the general public. The definition of probable cause is, “(A) reasonable ground for supposing that a charge is well-founded”
Reasonable Belief exists, when there is a reasonable basis to believe that a crime is being or has already been committed. In criminal law, similar to the probable cause standard , it is a subjective standard used to validate a warrantless search and seizure or arrest. And that considers whether an officer acted on personal knowledge of facts and circumstances which are reasonably trustworthy. That would justify a person of average caution to believe that a crime has been or is being committed.
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'";[1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts",[2] and the suspicion must be associated with the specific individual
He was both a police officer, then hired as a DA investigator. The DA would not hire a completely incompetent investigator. It is not credible (even in the minutest terms) that Snr would have no understanding of criminal law, nor what would hold up in court, nor what makes a person a suspect (to a criminal standard).
It is fact that Snr had to ignore the lack of burglary that the victim was supposedly fleeing (because there wasn’t one that had just occurred). It is overwhelmingly credible that he ignored his knowledge of the law in order to hunt down, and then kill, a black man.
Quote:Holding a shotgun while asking questions doesn't threaten anyone's life. Had the jogger guy not violently attacked anyone, he would still be alive today.
What evidence do you have to say the jogger violently attacked anyone prior to being shot at?
The evidence indicates the victim didn’t even reach the killer before being shot the first time. There is the almost immediate shot as the victim turns the corner of the vehicle – and junior can be seen backing up from the far side of the vehicle, with clear space in between the two. That evidence says almost overwhelmingly that the killer was not violently attacked prior to firing the first time. Jnr had already formed the intention to kill the victim reached him (the killer) in an attempt to defend his (the victims) own life.
Quote:When you suspect someone of something, "suspect" is the correct terminology to use.
For the average citizen, not trying to engage in a citizens arrest, that is somewhat okay (and even understandable for one asking if he should arrest the man).
However you are talking about a trained police officer and DA investigator, intending to conduct a citienzs arrest, with full knowledge of at least the police standard of arrest, full knowledge of what will hold up in court, and full knowledge of what makes a person an actual suspect (that is arrestable)….who does not know of any just completed breakin, and who knows he doesn’t have enough evidence....
Quote:His terminology is entirely consistent with a belief that the jogger was a fleeing burglar.
Here you go again – ignoring the actual evidence:
- no just completed breaking (fact)
- man out jogging in jogging gear with clear jogging gait (fact)
...to take the white mans words over the actual evidence.