USA Today ran my column on the Ferguson shooting and expected Grand Jury ruling last night. The grand jury is reportedly resuming its deliberations today. It has a number of choices if it were to bring down a charge, though (as I note in the column) the currently known facts present a very strong defense case in favor of Officer Darren Wilson.
The Grand Jury will consider four basic charges in the shooting of Michael Brown, 18, by Wilson. These include first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter.
Based on the known evidence, a charge for first or second degree murder would seem the least likely. Indeed, prosecutors could gain from a review of the Zimmerman case where prosecutors overcharged the defendant in the shooting of Trayvon Martin. Prosecutors were also later accused serious mistakes and alleged ethical breaches in the handling of the case under the leadership of Angela Corey.
For first degree murder, the prosecutors would need to show beyond a reasonable doubt that Wilson intentionally and deliberately killed Brown without a legally justified reason. There is evidence of a struggle and the video of Brown robbing the store earlier would be used by the defense to undermine such a charge as well as other countervailing witness accounts. Beyond a reasonable doubt is a very different standard when presented in the context of such forensic and testimonial evidence. For second degree murder, the prosecutor would still have to show beyond a reasonable doubt that Wilson killed Brown without lawful justification.
As a criminal defense attorney, I would view the case evidence as strong for Wilson unless there is some additional facts or forensics that will come out. Assuming this to be the case, the Grand Jury could look most closely at voluntary or involuntary manslaughter. The Grand Jury can always look to such lesser charges. The former provision is found below:
565.023. 1. A person commits the crime of voluntary manslaughter if he:
(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he caused the death under the influence of sudden passion arising from adequate cause; or
(2) Knowingly assists another in the commission of self-murder.
The second option is not applicable and the first option still requires the satisfaction of the element for second degree murder and a sudden passion act.
The involuntary manslaughter provision offers a much more attractive option for a juror who believes a criminal charge is warranted. Involuntary manslaughter under Section 565.024 in the first degree appears designed for killings while operating a vehicle or boat in an intoxicated condition. However, second degree involuntary manslaughter allows charges for deaths by a means other than intoxicated vehicle or boat operation.
There is also the option of adding a charge of “armed criminal action”:
571.015. 1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years.
Once again, any of those charges in my view would require more evidence than is currently known. The injuries to Wilson, the firing of the weapon in the vehicle, the blood of Brown on the weapon as well as reported witness testimony supporting Wilson undermine any criminal charge. However, there is obviously more evidence and testimony that is known to the grand jury.
There is no deadline for a decision. The Grand Jury is sitting until January 7, though a decision is expected as soon as today.
That Brown was a trouble maker is a fact, based on the altercation in the quick stop where he is on camera stealing cigars, if this is so. The officer said he encountered Brown while Brown was walking down the middle of the street. This kind of supports the cocky attitude of Brown, pushing the clerk aside and all that. Proof exists that Brown had his hands on the gun, attacked the officer, and took off. In the end it is the officer’s word against the dead guy’s word and a general public perception that the police often times go too far. So all we are left with are the four options. I am placing a ‘double sawbuck’ on number four. Involuntary manslaughter; it looks like the officer got his adrenaline up and finished off the guy who pissed him off.
Wilson arrests man for videotaping encounter.
http://www.washingtonpost.com/news/post-nation/wp/2014/11/17/police-officer-believed-to-be-darren-wilson-recorded-in-tense-confrontation-during-2013-arrest/
BTW, anyone who thinks Wilson hit Brown with a pistol from 100 feet has not shot a pistol.
I’m sure most here can understand the threat responses of Fight…Flight…or Surrender.
Michael Brown, understand the threat of arrest, first decided to Fight. Then he decided that Flight was his best option. However, due to wearing sandals/flip flops, he found that Flight was not a good option. He then had to resume the Fight or Surrender. –The best way to surrender would be to stop and lay down on the ground. Had he done so, he would not have been shot in the front of his body. As such, we know that Brown had turned around and was facing Wilson.
Perhaps, Brown came at Wilson like a linebacker…hands in the air…ready to tackle the quarterback (Wilson).
Jack, it took me a few seconds to get multiple sources on officer Wilson’s arrest of a man for videotaping him. That you cannot do so or your unwillingness to do so says even more about you and your bias. You need to watch more than FAUX news. You should also note that the GOP House committee released their report on Benghazi which destroyed the campaign to get Hillary and the DoD and CIA for their “failures”. I knew that this would not be reported or commented on this site. Too bad that you folks hate reality.
That you cannot defend the shooting other than to speculate that Brown had to be charging, which defies all logic and common sense, and flies in the face of eyewitnesses, also shows a lack of thought or impartiality. We DO KNOW FOR A FACT, Wilson is very aggressive impulsive officer who acts AGAINST the LAW! So to then try and promulgate a scenario which justifies his shooting is absurd. I have no doubt that Brown did get into a scuffle with Wilson at the outset and thus committed a felony. I think the most reasonable explanation for the shooting is that Wilson was pissed off to the max, and when Brown fled, and then turned around to surrender, he just fired and kept on shooting.
I have also not heard ANY defense of why no medical help was called for after Brown went down. THAT alone tells me the mindset of the cops and their contempt for Brown. He was not even worth examining for life or to give any aid to save his life. The FACT is that they wanted him DEAD! The FACT is that most of the pro-Wilson folks here have the same contempt for his life and rights. Then that they leave his body in the street for FOUR HOURS as a warning to the people and to show their contempt for them. Explain that!
randyjet – arresting someone for videotaping someone has nothing to do with the shooting of Brown. Just like your ability to fly a plane has nothing to do with your ability to play tennis.
The fact that Brown’s body was in the street for four hours has nothing to do with Wilson, he had been taken to the hospital to be treated for injuries from Brown.
http://www.cnn.com/2014/09/10/us/ferguson-michael-brown-shooting-witnesses/index.html
As mentioned, various witnesses have stated that the kill shots came when Brown was far away from Wilson and had his hands up. Turley’s racebaiting about “black witnesses’ not withstanding, some of the people who reported what they saw were Caucasian. I guess with some people that might count for a little bit more.
Randyjet,
Does it also take some really stupid people to believe that Brown would punch a police officer?
What happens when a person believes that a police officer cannot shoot as long as they don’t have a gun/weapon? Would that possible result in a person coming at a police officer who has his gun drawn…because the offender thinks the officer cannot shoot him?
“Then we have the problem that Wilson has already been caught arresting people for no reason other than they were video taping him.”
What? Where did you get that from? Is it just another rumor that you decided must be true? –Please provide your source.
“Clearly no the case.” Having worked in the justice system for 4 decades, I NEVER cease to be amazed @ the blind ignorance of so many people. NO ONE HERE has heard ANY evidence. Maybe we should all start pontificating on how to fly jets. He not only flies jets, he also is a bomb dropper.
Jack, LOL!
I watched a lot of football yesterday. I saw a lot of defensive lineman running at the quarterback with their hands in the air.
Now I know…They were just trying to surrender. 🙂
Jack – a certain amount of offensive players had their hands up, too. Also surrendering?
Before this gets whacky. Thanks for trying to educate folks on the judicial process, JT. However, as we know some are not educable, or even trainable.
Randyjet epitomizes the mindset of the already biased. Never let the facts, the autopsy report, get in the way of your pre conceived narrative. Randyjet wasn’t there. Neither were I or anyone else commenting here (that we know of).
Instead of trying the case on emotion. How about looking at the facts and waiting to see what those facts actually are?. Professor Turley lays out the legal options that the Grand Jury has to consider in a very clear manner. Dispassionate should be the word of the day. If you don’t know what it is….look it up….Randy.
I do know one thing. I would dread being a Grand Juror on this case. Even though they are supposed to only consider the evidence and legal aspects of the case, I am quite sure that they are also (in the backs of their minds) worried about the ramifications of their decision. The rioting, lives lost, property destroyed, businesses ruined, the devastation of their town. Not to mention death threats and actual harm to their families and themselves. The police in Ferguson have had their families leave the city for this very reason. They are getting death threats. How can you NOT let some of this ooze into your dispassionate jury deliberations.
No one is going to be satisfied with the results. I would not want to live in Ferguson or anywhere near it or anyplace ‘like’ it right now…. actually not ever.
Beldar here: I am in a bar in Saint Louis sitting next to a lawyer. JT left something out here which is the central statute in Missouri and any state. That is the one pertaining to use of lethal force to effectuate an arrest. Another commenter has cited this on this blog before. When you go past all the ands and ors, you get down to whether the cop had reason to believe that this was a felon and that he posed a danger to others. “Others” could include the cop but this is not the Trayvon case involving a citizen not a cop and all that stand your ground crap. So JT. Bone up and read your prior comments and perhaps the correct statute in Missouri will come to fore. Me and lawyer guy are drinking in a bar waiting for a result. Not from you JT but from the GJ.
As an outsider (to say the least) I have come to appreciate the people of Ferguson and Saint Louis. The diatribe from the media shows some real infirmity in this nation state called the United States. Back on Remulak they call them the UnTied States.
Beldar – as an outsider, we are not concerned with your opinions or the drunk lawyer next to you.
Where is the dialog reported by witnesses that as he turned and advanced on the officer Brown called out “What? You gonna shoot me?”
Randyjet, from what I’ve read Michael brown was coming towards Darren Wilson in attack mode. He was told to stop and he just kept coming. As Mr. Turley said there’s much we don’t know. Perhaps you were an eye witness and know he was surrendering?
Police have the worst job in the world their dammed if they do and dammed if they don’t, one minute their eating a doughnut and the next their in a deadly situation
Jet were you there? I wonder what you would do if a 300 man who already tried for your gun came back at you after you changed your under ware?.
Bruce, The fact is that two workers who were there, reported Brown was not charging, and it takes some really stupid people to think that he would be charging an armed person who had his gun out and shooting at him. I could believe it if he were right next to him. Then we have the problem that Wilson has already been caught arresting people for no reason other than they were video taping him. THAT shows the kind of mindset Wilson has towards us citizens.
I do not have an anti-cop bias like most of the pro-Wilson folks here have an uncritical bias for cops. On this site I have mentioned the outrageous conviction of BP agents Ramos and Compean, who shot an armed drug smuggler who escaped across the Rio Grande. I do and will continue to support cops when they are in the right. This is clearly not the case in this instance. Then there is no sense of outrage against the cops after they shot him and let him die in the street with no attempt to aid him. So the cops are wrong on at least two counts. One is shooting a suspect who by all accounts of others tried to surrender, and then to let him die and then rot in the street for hours. That there is no outcry by Wilson supporters about this travesty says it all about them and their lack of decency.
randyjet – so you do not believe the autopsy report? And you do not believe the witnesses who support Wilson’s version of events.
What would I do under the same circumstances?
randyjet – you need to read the autopsy report.
I think it would be a shame not to allow the interlopers in Fergeson riot. It would be shame to let all that riot gear go to waste.
The problem Wilson has is that there is NO question that Brown had his hands in the air and was surrendering. It gets harder to justify the shooting since Brown was more than one hundred feet away. Even soldiers will be court martialed if they shot an armed combatant under those circumstances. It takes some real mental gymnastics to justify Wilson’s actions.
I think that what happened was that Brown did assault Wilson, a felony, and ran off. After Wilson shot him, all the witnesses and the forensic evidence shows he stopped, turned around, put his hands in the air. Wilson no doubt was angry and simply kept on shooting despite Brown’s attempt to surrender. I fail to see how the law can no bill that kind of execution by a cop.