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Officer who fatally shot Justine Damond charged with murder, turns himself in
Fox News ^ | 3/20/18 | Fox News Staff

Posted on 03/20/2018 11:00:51 AM PDT by NohSpinZone

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To: NohSpinZone

That took forever and the charges look right....for once...


61 posted on 03/20/2018 12:16:01 PM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: NohSpinZone
The Minneapolis police officer who fatally shot an Australian woman in July was charged with murder

Took 'em long enough. Now we get to see if the fix is in. Will the prosecutor actually attempt to get a conviction, or will he throw it?

62 posted on 03/20/2018 12:17:32 PM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: donozark

So what?


63 posted on 03/20/2018 12:17:46 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: hillarys cankles
Im amazed that he was actually arrested.

Ill be SHOCKED if he is convicted.

They charged the suburban Minneapolis cop that shot Philando Castile with similar charges. He walked. I doubt the results of this will be any different.

64 posted on 03/20/2018 12:24:24 PM PDT by DoodleDawg
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To: mass55th

The nickname for the light rail in Minneapolis, modeled after Portland’s MAX is “The Somali Trolley”


65 posted on 03/20/2018 12:26:03 PM PDT by Zathras
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To: BenLurkin

You asked. I simply answered your Q.


66 posted on 03/20/2018 12:28:06 PM PDT by donozark (Restraining orders are just another way of saying I love you.)
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To: NohSpinZone

3rd degree murder is ludicrous for a split-second decision in response to being startled. It’s almost as if the prosecutor was looking get this guy off. Even second degree manslaughter is a stretch, again based on a split-second reaction. He’ll never be in a job that requires carrying a gun again, but he’ll probably skate. There’s no law against being a twitchy klutz.


3rd degree murder
Minnesota law originally defined third-degree murder solely as depraved-heart murder (”without intent to effect the death of any person, caus[ing] the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life”).[8][9]

Involuntary manslaughter aka 2nd degree manslaughter

Involuntary manslaughter is the homicide of a human being without intent, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories, constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability.
Constructive manslaughter

Constructive manslaughter is also referred to as “unlawful act” manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.

For example, a person who fails to stop at a red traffic light while driving a vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury[9]). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused’s responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act. Reckless driving or reckless handling of a potentially lethal weapon may result in a death that is deemed manslaughter.

Involuntary manslaughter may be distinguished from accidental death. A person who is driving carefully, but whose car nevertheless hits a child darting out into the street, has not committed manslaughter. A person who pushes off an aggressive drunk, who then falls and dies, has probably not committed manslaughter, although in some jurisdictions it may depend whether “excessive force” was used or other factors.

As manslaughter is not defined by legislation in Australia, common law decisions provide the basis for determining whether an act resulting in death amounts to manslaughter by unlawful and dangerous act.[10] To be found guilty of manslaughter by an unlawful and dangerous act, the accused must be shown to have committed an unlawful act which is contrary to the criminal law,[11] and that a reasonable person in the position of the accused would have known that by his or her act, he or she was exposing the victim to an ‘appreciable risk of serious injury’.[12]
Criminally negligent manslaughter

Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, and gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.

It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability.[13] A related concept is that of willful blindness, which is where a defendant intentionally puts himself or herself in a position where the defendant will be unaware of facts which would render him or her liable.

Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient’s oxygen supply has disconnected and the patient dies (R v Adomako).[14] Another example could be leaving a child locked in a car on a hot day.


67 posted on 03/20/2018 12:30:13 PM PDT by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: DoodleDawg

They charged the suburban Minneapolis cop that shot Philando Castile with similar charges. He walked. I doubt the results of this will be any different.
________________________________

Philando Castile grabbed for his gun, when the officer told him not to.

Officer Mo Noor panicked and killed an innocent woman.


68 posted on 03/20/2018 12:31:20 PM PDT by BarbM ( President Trump tells the truth LOUD and CLEAR)
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To: BarbM

Plus he shot the woman from inside a safe police car, touching off the round right in front of his partner’s face.
The only place you are taught to shoot like that is in gangs.


69 posted on 03/20/2018 12:39:28 PM PDT by Zathras
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To: BarbM
Philando Castile grabbed for his gun, when the officer told him not to.

So the officer said. Other witness disputed it.

Officer Mo Noor panicked and killed an innocent woman.

Officer Yanez panicked and killed an innocent man.

Neither shooting was justified. In both cases a person is dead who shouldn't be. In both cases the DA filed charges. In one case the police officer was acquitted and it will not surprise me at all if he is acquitted in the second case as well.

Police don't get convicted for killing civilians. Not in this day and age.

70 posted on 03/20/2018 12:39:55 PM PDT by DoodleDawg
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To: NohSpinZone

They really wanted to give him a badge and a gun for one reason. The wrong reason.


71 posted on 03/20/2018 12:43:17 PM PDT by WKTimpco
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To: NohSpinZone

I’ll bet he’s looking at the Kate Steinle case, and hoping for a jury of his peers, which in Minnesota will mean a bunch of Somalians. I wonder if the prosecution will throw the case by going for Murder One, when a more appropriate charge would be aggravated manslaughter, with the circumstance of “under color of authority.”


72 posted on 03/20/2018 1:00:09 PM PDT by Pearls Before Swine ("Married with children.")
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To: BenLurkin

14

I think to many commenters the race issue comes from the backstory of his employment. The more one searches the more he seemed to not really have any business being a cop, let alone some kind of ‘best cop of the year’ or whatever he was given. Seems he was a bit of a diversity poster boy for the local politicians or something. You really have to look into more of the story. It was discussed in detail at the time of the shooting.


73 posted on 03/20/2018 1:03:39 PM PDT by servo1969
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To: servo1969

Sorry, I meant to write 18, not 14.


74 posted on 03/20/2018 1:04:50 PM PDT by servo1969
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To: Zathras

Oh, that’s funny.


75 posted on 03/20/2018 1:24:39 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: Mr. K
I am surprised his partner did not arrest him right on the spot.

You should know by now that they protect their own at any cost.

76 posted on 03/20/2018 2:02:03 PM PDT by wastedyears (Americans are dreamers too.)
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To: NohSpinZone
good... now grind him between two stones
77 posted on 03/20/2018 3:03:53 PM PDT by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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To: pinkandgreenmom
I have to say I am shocked to hear this. Glad, but shocked.

I think the Left, in conjunction with the Muzzies, took so long to press charges because they were trying to figure out whether they had taken over power from the real citizens enough to be able to sweep this under the rug. There are too many real citizens still there so this murder never went away and the powers-that-be had to press charges.

I still think those same powers will try to find a way to ensure the Muzzy cop gets set free.

If we were another ten years down the road the Left would have been in such control that the Muzzy would have not even been suspended with pay. He would have been congratulated and given an award.

78 posted on 03/20/2018 3:07:58 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: turfmann

I agree. Dot the “I” s, cross the “t” s, put the guy away.

CC


79 posted on 03/20/2018 3:51:54 PM PDT by Celtic Conservative (Do you know what really burns my ass? A flame about 3 feet high.)
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To: wastedyears

Nah, he’ll fall in with the Nation of Islam, the Moors, or the melanics and hell do just fine.

CC


80 posted on 03/20/2018 3:53:52 PM PDT by Celtic Conservative (Do you know what really burns my ass? A flame about 3 feet high.)
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