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.
Looks like the GJ has reached a verdict, and that there will be a press conference this afternoon presenting the GJ’s decision.
And remember, since out government now calls illegal aliens “undocumented workers”, we must now call looters “unfunded shoppers.”
I think the killing of Michael Brown was not a “good shoot”. If it were, why the need for a coverup?
* Chief of police said the distance from Wilson’s SUV was 35 feet. Actual distance was 145 feet.
* Chief of police said that Wilson didn’t know of the shoplifting incident (as it was originally called in and wasn’t known as strong-arm robbery until much later). It’s since become the reason that Wilson backed up his vehicle and stopped so close to the young men that he couldn’t open his door without hitting Brown.
@Jet:
Exactly, and remember the Wilson had been punched on one eye, so his aim at 100 feet would have been distorted,
@Michael Haz . . . exactly. I shoot every week at my gun club. Most likely Wilson had a Glock, and Dr. Michael Baden noted then that there was no gunshot residue on the body, so it appeared to him that the muzzle of the weapon was at least one or two feet away. He said, “It could have been 30 feet away.” No way a 100 feet shot and one eye left to shoot with. The one sided shots tells me that Wilson had issues with sight and aiming with one eye, instead of two.
Well, we still don’t know enough of the facts to know for sure one way or the other. The facts that we do know indicate that it was probably a justified shooting. I did not see the elements of Involuntary Manslaughter above, sooo I looked them up. If I have the right website, here it is:
http://statutes.laws.com/missouri/t38/c565/565_024
Squeeky Fromm
Girl Reporter
If Wilson is resigning, I hope he is taking his pension and insurance with him. Right now, because of people like Obama, Holder, Sharpton, Crump, it is lynch Whitey time. I think he is holding out for the verdict. If they find no true bill he will resign, if not, he needs their insurance coverage and his union.
Haz, Raylan Givins, maybe?
I go to the practice range monthly and shoot handguns. If I set myself into the proper stance, make sure my grip of the pistol is correct and my arms are in the correct alignment; then carefully control my breath and squeeze the trigger, I can hit near the center of the target seven out of ten times, with the target some 30 feet away from my pistol, and not moving.
To to believe that officer Wilson hit Brown while Brown was 100 feet away and moving is bordering on fantasy. He could have with a rifle, perhaps, but not with a handgun.
Michael – there is the possibility that Wilson is a member of the X-Men. 6 shots hitting Brown at 100 feet. Superhuman!!!
Dr. Judy Melinek, “supports the fact that this guy is reaching for the gun, if he has gunpowder particulate material in the wound. If he has his hand near the gun when it goes off, he’s going for the officer’s gun.”
Melinek also said the autopsy did not support witnesses who have claimed Brown was shot while running away from Wilson, or with his hands up.
She said Brown was facing Wilson when Brown took a shot to the forehead, two shots to the chest and a shot to the upper right arm. The wound to the top of Brown’s head would indicate he was falling forward or in a lunging position toward the shooter; the shot was instantly fatal.
A sixth shot that hit the forearm traveled from the back of the arm to the inner arm, which means Brown’s palms could not have been facing Wilson, as some witnesses have said, Melinek said. That trajectory shows Brown probably was not taking a standard surrender position with arms above the shoulders and palms out when he was hit, she said.
http://www.stltoday.com/news/local/crime-and-courts/official-autopsy-shows-michael-brown-had-close-range-wound-to/article_e98a4ce0-c284-57c9-9882-3fb7df75fef6.html
Ah, for the good ole days when an officer of the law would shoot the gun out of the bad guy’s hand, or ‘wing’ him, or shoot him in the leg or both legs, or in the legs until he goes down. Now, anybody, not just the police, are justified in emptying a fifteen round Glock into anyone who ‘seems’ threatening. Where’s Roy Rogers when you need him. The Wild West was never this wild.
issac – I think Roy Rogers is dead. All the great ones are gone.
All I know about this case is what has been reported in the media. I have not read the police report, nor have I seen the evidence presented to the grand jury. I am, therefore, not in possession of the facts. I admit to this, rather than using what little facts have been (erroneously or not) reported by the media to craft a position that largely reflects little more than personal bias.
What concerns me is that IF the evidence presented to the GJ should exonerate Wilson, the GJ members will have enough concern for their own safety to bring charges against Wilson, even though charges aren’t warranted.
There is a 100% probability that the names of the grand jurors will be found out, and if they fail to bring charges against Wilson, there could be a reward place on their heads, as there has been placed on Wilson’s head. There is an element in Ferguson that wants a riot, no matter what. And they want death, no matter what. It isn’t about the law, it’s about power.
Would 571.015.1 apply to any person, including a “sworn to protect and serve” police officer? The forensics reports that I have read stated that Brown had gun powder residue on his hands, which implies he had to be in close proximity of Wilson’s gun when it went off. Brown tried to take Wilson’s gun to obviously murder the officer with it or why try to take it.
There were zero bullets fired into Brown’s back. Brown initially ran and got about 35 feet away and decided to come back and charge at Officer Wilson. One of the bullets entered the back of Brown’s forearm and exited his upper arm. That could also be from a running motion as most people have their forearms up interchangeably as they run. The last 2 bullets fired were into the top of Brown’s head, and what brought him to a stop where he fell, which was just 2 to 5 feet away from Officer Wilson’s feet. I also think that the bullets fired were all to one side because the officer had diminished sight in one of his eyes.
Officer Wilson was aware of the Strong Armed robbery, saw the cigars in both of those men’s hands and that’s what initiated the first contact. It’s hard to ignore the fact that Brown had just committed Strong Armed robbery and yet be portrayed by some as the gentle giant. As he also clearly assaulted the store owner, which meant he was more than willing to break the law. Strong Armed robbery is a Felony and probably an Assault charge as well and not simple.
Brown also forced Officer Wilson back into his police car by shoving him as Wilson tried to get out. Then assaulted the officer about his face and tried to steal his service weapon, causing it to discharge within the car. That’s 3 Felonies right there and a possible attempted murder charge.
Brown attempted to flee the scene and decided to come back after Officer Wilson. This was his demise, as the officer felt his life in danger and warned Brown to stop verbally several times, then proceeded to fire, which lead to his death. Since when in the line of duty does an on-duty officer have to have his life threatened multiple times, be assaulted and then be the one on trial for murder? How is it, that a victim is the one who is the bad guy? Brown knew he was attacking a armed on-duty police officer. What should Wilson have done, sit there and be assaulted? Let Brown have his service weapon? Or when Brown was running at him, just sit there and hope Brown doesn’t assault him or attempt to take his gun again? Should Officer Wilson be the one to flee the scene after several felonies were committed and Brown presented himself to be a danger to the public, which he was sworn to protect and serve?
Brown tipped the hat of fate 3 times that day:
1. He committed Strong Armed Robbery and assault at a place of business.
2. He assaulted an on-duty police officer & tried to steel his weapon, causing it to discharge.
3. He initially fled the scene and came back after the injured officer, which was his demise.
Homicide Trends in the United States, 1980-2008 Annual Rates for 2009 and 2010: http://www.bjs.gov/content/pub/pdf/htus8008.pdf
Brown committed a felony when he attacked Wilson the first time, what was Wilson supposed to do walk away?
The convenience store video indicates that Brown might have been shot justifiably by staff in that store. If he had been, nobody outside St Louis County would ever have heard about this case. Brown’s own attitude got him killed, not Wilson’s.
I agree that there is more evidence that needs to be examined. However, Officer Wilson is not in the clear. His ties to the KKK may be relevant in this situation. Keep in mind that Brown was unarmed and over 100 feet away when Wilson shot him. That officer had non lethal options at his disposal. He chose not to use any.
Old Guru – I am going to say this again, if you can hit a target the size of Brown’s head at 100 feet with a pistol you are a much better shot than about 99% of all pistol shots. Pistols are good up to about 50 feet. Remember that shootout with police where they fired 600 rounds and only hit the hostage?
In stressful situations the first thing to go is the large motor skills, making it much harder to hit the target. That is why they have them use two hands to steady the weapon.
Jet, There seems to be other witnesses that testified to a different story about how the shooting came down and won’t go public for fear of their lives. I heard a lot of the protestors aren’t from Ferguson
We DO KNOW FOR A FACT, Wilson is very aggressive impulsive officer who acts AGAINST the LAW!
I don’t think you know what “Fact” is.
At least I DO look for facts, unlike YOU who refuses to do so, and then denies any that get in the way of your prejudices. By the way, another posted a link for those who are too lazy to look for it themselves.
randyjet,
Come back when you can provide a link to your source. The burden always falls on the claimant. I’ve got better things to do than attempt to provide support for your claims.
The entire long shot thing is kind of a misnomer. They are basing it on where Wilson’s vehicle was and where Brown’s body was.
What they don’t take into account is the location of ejected shell casings.
In one of the images of Brown’s body, there appear to be some spent shell casings about 5 feet away from his body. This isn’t going to happen if Brown was shot from 100 feet away. In general, the shells ejected from a 9mm pistol will end up within about 10 ft from where they were fired.
The travesty in Ferguson is that the protest mob is demanding a specific outcome, regardless of the process itself, and threatening violence, and perhaps lethal consequences, if they do not get the result insisted upon. That, quite simply, is domestic terrorism. Do as we say or we will hurt you. It makes the jury system, both Grand Jury and/or Trial Jury moot. Both are now intimidated, or will be intimidated, by threats. THAT is the dangerous precedent we now face.
If the Grand Jury finds that charges are warranted, and those charges are brought, does anyone think the protest mob will be any less demanding of a Trial Jury?
BTW, anyone who thinks Wilson hit Brown with a pistol from 100 feet has not shot a pistol.
THIS! I have made this point before. Shooting a pistol in real life is not like in the movies. Anyone who can repeatedly hit a moving target from 100 ft with a hand gun has to be one of the most fantastic shots…..ever. A sharpshooter of the highest caliber (no pun intended).
Life is not like the movies.
DBQ Thanks for proving our point that Brown was NOT charging, but had his hands up and was NOT a moving target!