Tuesday, April 16, AD 2024 6:16am

A Feeble Attempt at a Legal Lynching-Updated: Blue Flu Hits Atlanta

In my 38 years at the bar, I have seen overcharging often enough by prosecutors, but these charges are circling Pluto:

Prosecutors brought murder charges Wednesday against the white Atlanta police officer who shot Rayshard Brooks in the back, saying that the black man posed no threat when he was gunned down and that the officer kicked him and offered no medical treatment as he lay dying on the ground.

Brooks was holding a stun gun he had snatched from officers but was 18 feet, 3 inches away when he was shot by Garrett Rolfe and was running away at the time, District Attorney Paul Howard said in announcing the charges five days after the killing outside a Wendy’s restaurant rocked the city.

The felony murder charge against Rolfe carries life in prison without parole or the death penalty. He was also charged with 10 other offenses punishable by decades behind bars.

“Mr. Brooks never presented himself as a threat,” Howard said.

Go here to read the rest.  Go here to read the facts of the shooting.  Let’s unpack this shall we?  First let’s take a look at Georgia law regarding the use of deadly force, something the Atlanta DA obviously has not done:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23 , a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

Georgia Code Title 16. Crimes and Offenses § 16-3-21

 

So the issue is whether the stolen taser pointed at the cops by Rayshard Brooks could have caused death or great bodily harm.  Well, that is easy.  About a thousand people have died immediately after being tased in the US over the past two decades.  Far more have been seriously injured after receiving a taser’s 50,000 volts.  Being tased is preferable to being shot, but it is a serious, and potentially lethal, action.  Oh, and the Atlanta DA agrees with me.  How do I know this?

 

District Attorney Paul Howard issued arrest warrants for Gardner, Streeter and four other officers. In total, four of them were charged with aggravated assault, a serious felony.

Aggravated assault in Georgia is described as assault “with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.”

The officers’ attorney, Lance Lorusso, says that’s not the case here.

“As a matter of law, a Taser is not a deadly weapon. It’s not listed as a deadly weapon in any state in the United States,” Lorusso said.

Go here to read the rest.  The murder charge won’t survive a motion to dismiss.  If I lost before the trial court on the motion, highly unlikely, I would immediately take an interlocutory appeal.  This prosecution for murder is absurd and is clearly being brought purely for political purposes by a DA who is involved in a run off election.  He is also under investigation for stealing 195K from a non-profit  and for allegations of sexual harassment.  This is beyond despicable.

Update:  Blue Flu hits Atlanta:

Decaturish reported that Vince Champion, southeast regional director of the International Brotherhood of Police officers, said that police officers had stopped answering calls midshift.

“The union, we would never advocate this. We wouldn’t advocate a blue flu,” Champion said. “We don’t know the numbers. Apparently we’re learning that command staff are asking outlying counties for support and aren’t getting it.”

“Why would you put your officer in Fulton County and take the chance of this happening?” Champion told the Atlanta Journal Constitution. “You have an officer who just heard what Paul Howard said, saying he’s going to be in prison for the rest of his life or put to death, and now he’s got to surrender.”

“Blue Flu”, the name given to such job actions by police departments, is a job action used by police unions and officers who wish to raise objections to policies enacted by city officials or other departments. Officers generally call in sick or slow down there response to calls to show there displeasure with policies.

The incident comes just hours after Fulton County District Attorney Paul Howard announced that fired Atlanta Police Officer Garrett Rolfe is charged with felony murder and several other counts in connection to the fatal shooting of Rayshard Brooks, who was killed during an encounter with police at a Wendy’s restaurant off University Avenue Friday night, June 12. The police union has disputed the charges, and accuse the Filton County DA of “activism in place of applying the law.”

Despite the denial from the Atlanta Police, rumors persisted that the police in those zones would not respond to any calls other than one for an officer down. In addition, there were multiple reports on social media that listeners to the police scanner of those zones noted the lack of regular chatter on those channels.

Go here to read the rest.  I suspect this Blue Flu will become a greater epidemic nationally than the Wuhan Flu.  Cops are essential to preserving civilization.  If their political masters give every sign of being in league with those wishing to destroy civilization, and throwing officers who do their duty to the looter wolves, what cop in his right mind is going to risk his life for them and the idiot voters who placed them in power?  Call this Officer Friday ShruggedProtect and Serve, the motto of the police, carries the implicit qualifier that there must be something worth protecting and serving.  Leftist politicians in blue cities and states are doing their worst to convince cops that all they are protecting and serving are politicians who despise them and who will ruin their lives with criminal charges whenever they find it expedient to do so.

 

 

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Foxfier
Admin
Wednesday, June 17, AD 2020 5:32pm

There’s also the issue that the officer can’t be sure the guy who was so drunk he fell asleep in his car in a drive-through ONLY grabbed the taser, and not the taser and the other cop’s gun.

Art Deco
Art Deco
Wednesday, June 17, AD 2020 5:52pm

You’re presuming the trial judge is not utterly corrupt. We’ve just seen a collection of Ivy League appellate judges tell us that the U.S. Congress enacted something it pointedly refused to enact on eight separate occasions, including last year.

Greg Mockeridge
Greg Mockeridge
Wednesday, June 17, AD 2020 6:46pm

“The officer has just been gifted a civil suit for malicious prosecution that will be immense.“

That would be in addition to the wrongful termination of employment suit I presume.

J. Ronald Parrish
Wednesday, June 17, AD 2020 7:19pm

All of your reasonable assumptions, about the criminal and civil cases, on the ultimate outcome assumes that lady Justice still wears a blindfold. I am afraid this is not so. This man faces the same problem that President Trump would face were he being tried for treason by a jury drawn from the District of Columbia. I wish I could share your confidence that local and appellate judges would follow the law rather than the howl of the mob.

Ernst Schreiber
Ernst Schreiber
Wednesday, June 17, AD 2020 9:42pm

Saw on Instapundit that this same D.A. charged a different cop or cops with using excessive force precisely because a taser is a deadly weapon.

Penguins Fan
Penguins Fan
Thursday, June 18, AD 2020 5:46am

IMO, Fulton County can go ahead and burn. Brooks should have been in jail and the DA’s case is beyond malicious. One would think that in most jurisdictions, when a fatal shooting takes place, the officer in question is put on administrative leave and an investigation takes place ( in this case, the Georgia Bureau of Investigation). None of this has happened. The mob wants a public execution.

To hell with the mob. The Right doesn’t know we are at war? Well, I do.

Father of Seven
Father of Seven
Thursday, June 18, AD 2020 6:08am

Are those folks who still watch the networks, still buy USA Today and other chain newspapers, who still think we need divided government, paying attention? The Left won’t be satisfied until America is no more. Talk about you didn’t build that, the Left is only designed to tear things down. It has no solutions, just more tyranny. Is the mushy middle in this country going to wake up, or is Orange Man so bad they just don’t care?

OrdinaryCatholic
OrdinaryCatholic
Thursday, June 18, AD 2020 6:28am

People need to leave these metropolitan Sodom’s and Gomorrah’s very soon. Time to do as Lot did before they have no homes to go to or lives to live. This is a society where God is allowing us to experience what it is to live without His protection and guidance until we get it through our thick skulls that there is no other way to peace without God.

Greg Mockeridge
Greg Mockeridge
Thursday, June 18, AD 2020 7:02am
Rudolph Harrier
Rudolph Harrier
Thursday, June 18, AD 2020 11:52am

Two weeks ago Atlanta officers were in hot water for using a taser in an arrest, under the argument that a taser is considered a deadly weapon in Georgia law:

https://heavy.com/news/2020/06/atlanta-da-issues-warrants-for-the-arrest-of-six-police-officers-after-violent-arrests-are-caught-on-tv/

Here is a video of the DA explicitly stating that a taser is a deadly weapon:

https://twitter.com/greg_price11/status/1273378926744739842

But now the same DA is saying that the shooting in question cannot be justified because a taser (in the hands of a suspect) is not a deadly weapon, that the suspect was never aggressive (which is a flat out lie easily disproven by the video), that the officers did not provide medical attention quickly enough (which is unclear in the video and the demand is that they would give medical attention before determining if the suspect is still hostile) and that the officer said “I got him” after the shooting (which apparently proves that this was just an attempt of the officer to kill a black man for sport or something).

This USA today article sum up the DA’s case nicely:

https://www.msn.com/en-us/news/us/rayshard-brooks-was-kicked-denied-medical-care-the-stunning-allegations-against-ex-atlanta-police-officer-garrett-rolfe/ar-BB15D7iN?ocid=anaheim-ntp-feeds

The message to officers could not be more clear: there is no circumstance that you will be supported in an arrest if the suspects are black. So good on them for walking out. Their other choice is to risk their lives in order to get the reward of getting false charges from the DA in order to further his political career.

J. Ronald Parrish
Thursday, June 18, AD 2020 11:56am

The chief law enforcement officer is the areas District Attorney. There is no greater threat to law and order than such a one who abuses his authority, as here. This man is no better than the leader of a lynch mob, which in fact he is, under color of his office. Can he find twelve citizens of Fulton County and a Judge to go along with his placing a noose around this man’s neck, evidence be damned? I fear he may.

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