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Walter Scott Shooting: Prosecutors Confident of Slager Conviction on Retrial
NBC News ^ | 12/05/2016 | Ari Melber

Posted on 12/05/2016 9:44:58 PM PST by Trump20162020

Michael Slager, the officer who faced murder and manslaughter charges for shooting an unarmed black man in the back, will face a re-trial after the jury deadlocked over his case on Monday — and experts say there's still a strong case against him.

While eleven jurors backed convicting an officer for the shooting at one point, according to a note written by one of the jurors, a holdout juror said he felt he could not vote to convict the officer in "good conscience."

Prosecutors swiftly announced they would re-try the case, which is a legal option after any jury deadlocks.

(Excerpt) Read more at nbcnews.com ...


TOPICS: Crime/Corruption; US: South Carolina
KEYWORDS: michaelslager; slager; walterscott
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To: Timpanagos1
Difficulty with reading? Let me make it easy for you.
Murder is the unlawful killing of a human being with malice aforethought.

Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

Any other murder is murder in the second degree.

So if, for example, a person killed with malice aforethought, and did not use poison, lay in wait, etc. that is murder in the second degree.

Killing without malice aforethought is manslaughter.

41 posted on 12/05/2016 11:06:24 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Ray76

Second-degree murder is usually defined as a killing that is either not premeditated or is caused by reckless conduct with a lack of concern for human life. Second-degree murders are different from voluntary manslaughter, where the killing is committed in the heat of passion. It’s also different from first-degree murder, which involves premeditation. There are three common situations considered second-degree murder:


42 posted on 12/05/2016 11:16:45 PM PST by Timpanagos1
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To: Timpanagos1

SECTION 16-3-10. “Murder” defined. “Murder” is the killing of any person with malice aforethought, either express or implied.

SECTION 16-3-50. Manslaughter. A person convicted of manslaughter, or the unlawful killing of another without malice, express or implied, must be imprisoned not more than thirty years or less than two years.

http://www.scstatehouse.gov/code/t16c003.php


43 posted on 12/05/2016 11:23:48 PM PST by Ray76 (DRAIN THE SWAMP)
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To: o-n-money
"If he was found ‘Not Guilty’, he couldn’t be tried again."

Wrong. The federal government can violate his civil rights just by saying he violated the suspect's civil rights and prosecute the officer for the exact same charge worded differently.

44 posted on 12/05/2016 11:26:48 PM PST by Godebert (CRUZ: Born in a foreign land to a foreign father.)
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To: Ray76
other phrases: man who fought/wrestled officer man who tried to take officer’s gun man who took officer’s taser man who used taser on officer

None of these things were happening at the time the man was shot, and none of them explain or excuse the fact that he was shot in the back.
45 posted on 12/05/2016 11:28:07 PM PST by AnotherUnixGeek
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To: Trump20162020

In this case the cop went too far and I suspect the juror went too far in a sense as well, reacting to all the anti-police sentiment out there and the attacks on police who are falsely accused of being racists.

The juror didn’t want to convict the cop because of all the anti-police propaganda from Black Lives Matter and the mainstream media, I suspect.


46 posted on 12/05/2016 11:31:39 PM PST by Nextrush (Freedom is everybody's business: Remember Pastor Niemoller)
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To: AnotherUnixGeek

It was 2 seconds since breaking contact and shots fired.


47 posted on 12/05/2016 11:34:29 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Jack Hammer
If Slager had been found innocent, re-trying him would be double jeopardy. A mis-trial simply means that no verdict was delivered. Back to square one, with a new jury.
48 posted on 12/06/2016 1:11:34 AM PST by jonascord (First rule of the Dunning-Kruger Club is that you do not know you are in the Dunning-Kruger club.)
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They should make it 2 jurors who have to say not guilty to make it count so we don’t have 1 obnoxious holdout


49 posted on 12/06/2016 1:22:55 AM PST by KavMan
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To: Ray76

First degree murder involves premeditation. Second degree murder is done “in the heat of passion”. The officer appears to have killed the man in anger, while the guy was running away. That makes it second degree.


50 posted on 12/06/2016 1:28:20 AM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: Ray76

“Malice aforethought” need not involve a large amount of time for premeditation. If you hit me, and run away, and I decide “m-—— f-——, you’re gonna die for that”, and shoot you in the following second, then I had malice aforethought.


51 posted on 12/06/2016 1:35:56 AM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: Jack Hammer

Doesn’t apply to hung jury cases.


52 posted on 12/06/2016 1:57:48 AM PST by ganeemead
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To: Ray76

Are you seriously defending a cop who shot an old black man in the back who was running from him? The cop couldn’t chase him and tackle him? Or, just follow him till the old guy ran out of gas?


53 posted on 12/06/2016 2:46:20 AM PST by raybbr (That progressive bumper sticker on your car might just as well say, "Yes, I'm THAT stupid!")
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To: Ray76

Did you actually see the video - I did, and you’re FOS


54 posted on 12/06/2016 3:25:58 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: Ray76
other phrases:

You forgot "unarmed man who was running away and who was shot half a dozen times in the back."

55 posted on 12/06/2016 3:50:39 AM PST by DoodleDawg
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To: SauronOfMordor
First degree murder involves premeditation. Second degree murder is done “in the heat of passion”.

South Carolina has no second degree murder. It's either murder or it isn't. There are aggravating circumstances that can affect the sentence.

56 posted on 12/06/2016 3:52:24 AM PST by DoodleDawg
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To: Timpanagos1
Second-degree murder is usually defined as a killing that is either not premeditated or is caused by reckless conduct with a lack of concern for human life. Second-degree murders are different from voluntary manslaughter, where the killing is committed in the heat of passion. It’s also different from first-degree murder, which involves premeditation. There are three common situations considered second-degree murder:

South Carolina does not differentiate between degrees of murder. It's either murder or it isn't. There is no first degree or second degree.

57 posted on 12/06/2016 3:54:19 AM PST by DoodleDawg
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To: BenLurkin

“Man who was shot in the back as he was fleeing.”

That would be a fleeing felon shot in the back. Should have shot him in the face when he was fighting the officer.


58 posted on 12/06/2016 4:07:54 AM PST by Dusty Road (")
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To: Trump20162020

And so did the jurors so go suck on some other felons sneakers.


59 posted on 12/06/2016 4:09:31 AM PST by Dusty Road (")
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To: bigdaddy45

“So its okay for a cop to shoot an unarmed man who is running away?”

That would be a fleeing felon in this case.


60 posted on 12/06/2016 4:14:37 AM PST by Dusty Road (")
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