To Indict Or Not To Indict - You Be The Jury
So a person who has just received multiple gunshot wounds is really a threat to physically overcome a police officer, who, in addition to being able to retreat to a safe distance in his vehicle (which should always be preferable to ending someone's life unnecessarily) is equipped with an array of non-lethal weapons?
Police procedure should never, ever be justification for outrageous behavior on the part of the police. Is it police procedure to kill people unnecessarily? Is it police procedure to use piss-poor judgement? Is all police behavior excusable if its found in some police manual, even though its the police themselves who write police procedure?
What's hilarious is in the aftermath of excessive force incidents, all of the self-proclaimed experts manage to come out and exaggerate and overstate the severity of the situation and inflate it and over-dramatize it into an life-or-death "him or me" situation where someone of course just had to die, and better the 'thug' than the white guy / cop.
He ordered Brown to surrender. Brown was far enough away to not be a threat. I don't see anything wrong with that. Brown ran towards Wilson -- Wilson just ordered him to surrender. If Brown hadn't have attacked and surrendered, then the backup would have arrived.
Said gunshots didn't slow Brown down, which means less-than-lethal tools likely wouldn't have had an effect. A tazer might have, but Wilson didn't have one (tazers aren't 100% at all, and police have been killed when they've failed). Pepper spray wouldn't have stopped Brown from charging, unless you think being shot several times is less of a deterrence (again, pepper spray fails). Said gunshot wounds Brown suffered wouldn't have prevented him from fighting Wilson, barring the head shot. There's a famous video of a criminal taking a .357 Magnum round in the heart, and then wrestling for control of the pistol with the officer that shot him; it stopped when the man died from the shot. Brown was far larger than Wilson in mass.
There was no outrageous behavior by Wilson. Shooting at a car that's speeding away? Yeah, dumb, and that's happened where I live. Shooting someone charging you? Nope, that's self-defense. You'll note that Brown put Wilson in the situation where lethal force was justified, not the other way around -- and it all started when Brown was walking in the middle of the road, which any police officer would call for them to get off such. Look at the laws. Police follow the law, which is made by the legislative branch, the politicians. They're the ones that define how police can ultimately behave. When police don't, they're punished, like anyone else. Wilson was found justified by the law by a jury made of of citizens of all backgrounds.
There's no excessive force in this instance.
There'd be no way you could get a manslaughter conviction going by the evidence. Unless there's some video recording that shows the physical evidence is inconclusive, that won't happen.
Perhaps if Wilson had fired on Brown when he was running away, then maybe, depending on the law in that state, you could go for manslaughter.
No one is fully in control of a self-defense situation, doubly so when you've just fought for your life a few seconds prior.
Yes, based on what I know, Wilson should have been trying to *arrest* Brown, not kill him. He had back up on the way. It seems like it would have been a simple matter to keep sight of Brown until backup arrived, then arrested him without the use of deadly force.
So a person who has just received multiple gunshot wounds is really a threat to physically overcome a police officer, who, in addition to being able to retreat to a safe distance in his vehicle (which should always be preferable to ending someone's life unnecessarily) is equipped with an array of non-lethal weapons?
Police procedure should never, ever be justification for outrageous behavior on the part of the police. Is it police procedure to kill people unnecessarily? Is it police procedure to use piss-poor judgement? Is all police behavior excusable if its found in some police manual, even though its the police themselves who write police procedure?
What's hilarious is in the aftermath of excessive force incidents, all of the self-proclaimed experts manage to come out and exaggerate and overstate the severity of the situation and inflate it and over-dramatize it into an life-or-death "him or me" situation where someone of course just had to die, and better the 'thug' than the white guy / cop.
He could have protected himself by driving away and arresting Brown later once backup had arrived. I've never seen anyone offer anything to contradict this self-apparent fact.
From the ABC interview of Wilson: "At that time I gave myself another mental check: Can I shoot this guy? You know, legally, can I?" Really? You claim you feared for your life but this statement implies that you wouldn't have shot if you didn't feel legally justified, and thus allowed yourself to die? You had time to conduct a legal analysis of the situation, and yet had no time to a) retreat b) diffuse the situation before someone had to die c) think it through between the first shot and the twelfth? Really? It doesn't add up. You asked yourself "can I shoot this guy"? What does that mean, that you *wanted* to shoot him? Because maybe you chose your words poorly in the interview but it sure sounds that way.
and if brown went and assualted someone else while wilson was running away?
cops have a duty to enforce the law not run away. should they run away from active shooters? or a mugging? should they swat every possible crime?
there have been a bunch of cases of people getting shot a whole bunch and still fighting. bullets punch holes small holes, they only effective if you hit vital organs or blood veins that will cause the person to bleed out and stop being a threat. if you miss this and still shoot them they will be able to continue with some pain that might be overcome with adrenaline. people have been shoot and didn't even know it. there was a guy who got shot at a subway and went home, at his sandwich before noticing.
also most cops are trained to unload their mags into the target, reload and check the threat.
others are taught 2 shots in the chest and if still a threat one in the head.
wait so I should get beat to death to serve your stupid ideas? you know not all men are created equal? my friend can beat the s**t out of almost anyone. I'm not a fighter. I have never fought I'm not strong. so no I am not going to die just so you and others can feel better about yourselfs.
the worlds you call those who do tells me right away you are likely a gym person with strong muscles who likes to fight. and you feel everyone should be held to unfair fights you enjoy a advantage in..
Everyone thinks they're an expert, all whilst talking about an opinion rather than the reality.
I would bet most people on the 'net and news don't even know the rules governing self-defense in their state for citizens (police included, but they have extra bits added due to their job).
How can someone even talk about self-defense insofar as a criminal case is concerned without even knowing what constitutes self-defense where the case resides?
Philosophical and moral arguments relating to self-defense don't even factor into the case being discussed here, as they've already been done and put into codified law. You can do them, but you can't judge this case by them regarding criminal liability.
Everyone thinks they're an expert, all whilst talking about an opinion rather than the reality.
I would bet most people on the 'net and news don't even know the rules governing self-defense in their state for citizens (police included, but they have extra bits added due to their job).
How can someone even talk about self-defense insofar as a criminal case is concerned without even knowing what constitutes self-defense where the case resides?
Philosophical and moral arguments relating to self-defense don't even factor into the case being discussed here, as they've already been done and put into codified law. You can do them, but you can't judge this case by them regarding criminal liability.
they don't like the law so its irrelevant. women are supposed to get special treatment whereas the weak as or weaker than women man is still expected to be able to defend himself or die. wonder where women body lifters fall in this.
He ordered Brown to surrender. Brown was far enough away to not be a threat. I don't see anything wrong with that. Brown ran towards Wilson -- Wilson just ordered him to surrender. If Brown hadn't have attacked and surrendered, then the backup would have arrived.
Most of the witnesses, and indeed Wilson's testimony itself, indicate Brown was walking towards Wilson, not running. Read the witness reports or you're as bad as the people who say Brown had surrendered.
What were their masses?
You sure? Wilson said Brown took off at him when he turned around (at a hop when someone starts to gain speed quickly). That's in the video interview. Is that different than the testimony? I recall reading some saying Brown was rushing Wilson when I read bits of the eyewitness accounts.
If he was walking, then Wilson could have retreated, which could allow for manslaughter (though I doubt he'd be found guilty of that).
210 pounds to about 300. That's another weight class. Wilson isn't all that big for his height.
Some of the bullet trajectories are downward like Brown was lurched over, or in the position of a charging football player as one witness stated. For example, see below the position of the shot to the top of the head. So, there had to be more to it then Brown merely walking towards the officer, otherwise how could the officer hit Brown in such a position in the head, and angled downward towards the ground ?
"One of the bullets entered the top of Mr. Brown’s skull, suggesting his head was bent forward when it struck him and caused a fatal injury ... It was likely the last of bullets to hit him, he said".
http://www.dailykos.com/story/2014/08/1 ... hael-Brown
Some of the bullet trajectories are downward like Brown was lurched over, or in the position of a charging football player as one witness stated. For example, see below the position of the shot to the top of the head. So, there had to be more to it then Brown merely walking towards the officer, otherwise how could the officer hit Brown in such a position in the head, and angled downward towards the ground ?
"One of the bullets entered the top of Mr. Brown’s skull, suggesting his head was bent forward when it struck him and caused a fatal injury ... It was likely the last of bullets to hit him, he said".
http://www.dailykos.com/story/2014/08/1 ... hael-Brown

Sounds to me like Brown could've been down on his knees in pain or in a submissive position, in an effort to save himself from being shot further.
That seems exactly what the vast majority of people would do in such a situation.
Last edited by Syd on 27 Nov 2014, 8:34 am, edited 1 time in total.
He stood over the kneeling Brown, executing him with racist hate.
(Which is sadly what some of the original news reports said with the later discredited eyewitnesses.)
All I can some up with, is that Brown either tripped (his pants were down) or fell due to wounds sustained and Wilson was firing; bullet met head, or,
Brown had his head down as he was charging, and the last shot was again, bullet met head.
Why is that?
The vast majority of people wouldn't attack an officer in the first place. If Brown was determined to run at Wilson and continue the attack, then some superficial wounds to the arm isn't going to slow him down (he already had a near lethal encounter a couple of seconds prior to this too).
Not to mention that even if he sustained lethal wounds to the chest, he still could have continued the assault and potentially killed Wilson.
It's happened many times before, with various outcomes.
I'm not saying that I know what happened one way or the other, I just think that Wilson's account sounds really strange and that a fair trial with a look at more evidence seems like the right thing to do.
Prosecutor McCulloch: "Several said he didn’t raise his hands, raised them briefly, or held his stomach."
Dorian Johnson: "The last shot he fired he was so close to the ground, it looked like to me he was already on the ground. His knees were, he was going down, he was already down before the last shot came.”
Officer Darren Wilson: "At this point it looked like he was almost bulking up to run through the shots, like it was making him mad that I'm shooting at him," Wilson said. Wilson said Brown approached to within eight to 10 feet of him. "I'm backpedaling pretty good because I know if he reaches me, he'll kill me," Wilson said. "And he had started to lean forward as he got that close, like he was going to just tackle me, just go right through me."
So, he was either putting his head down preparing to charge, or keeling over from being shot, when the fatal shot entered his skull...
I think this ought to have been investigate further, hence they should have had a manslaughter charge - with an actual trial jury who's job it is to discern as much of the truth as possible, not a jury who just think that's their job.
cops have a duty to enforce the law not run away. should they run away from active shooters? or a mugging? should they swat every possible crime?
Like I said, Wilson should have retreated while maintaining visual contact with Brown. I'm not suggesting Wilson should have fled back to the police station. By maintaining visual contact with Brown from a safe distance while awaiting the arrival of backup, Wilson could have then intervened again if Brown's subsequent actions threatened the safety of someone else. He would have had to re-evaluate the situation and act accordingly. But as long as Brown was not presenting some sort of imminent threat to someone else, it seems to me the right thing to do was to observe from a safe distance and await backup.
But honestly this is just another hyped-up, hypothetical doomsday scenario designed to make it look as if a failure to kill Brown on the part of Wilson would somehow have inevitably lead to some even worse outcome. Could it have happened? Sure. But there's not a single shred of evidence to suggest that it would have. Instead, I guess, the idea is that we're supposed to think Brown had to die to prevent him from committing some future crime, the idea for which may not have even ever formed in his mind. Doesn't really hold water.
others are taught 2 shots in the chest and if still a threat one in the head.
IMHO, this is a huge failure of public policy to a) allow such training to occur and b) to allow police to shield themselves with it after the fact. What public policy goal is advanced by having the police basically execute people? What law is better enforced? I know people will probably bring up officer safety but it seems to me that it would be exceedingly rare for a situation to arise where a trained police officer is in such danger that after firing a couple of shots they cannot pause to briefly re-evaluate the potential threat before continuing to fire. Not saying such a situation could never occur - the North Hollywood bank robbery shootout from many years ago comes to mind as a situation where I'd not fault the police pretty much no matter what level of force they used - but in the vast majority of cases, hails of bullets seem entirely unnecessary.
