Update on the woodcarver shooting.

[WWIIIDefender]

YouTube - Police Officers That Use Deadly Force SHALL NOT Be Charged If Done In Good Faith & Without Malice

It was found to be an unjustified shooting aka murder. No charges will be filed.

 

[radonc73]

Did you expect anything different?

 

[Kirk Freeman]

It was found to be an unjustified shooting aka murder.

Technically not every unjustified shooting is a Murder. Many different outcomes are possible.


There will most certainly be a civil suit and I, for one, will be very interested in what is revealed.

 

[IncendiaryGunner]

An unjustified shooting... not being prosecuted...

Waaa..??

 

[IncendiaryGunner]

Technically not every unjustified shooting is a Murder. Many different outcomes are possible.


There will most certainly be a civil suit and I, for one, will be very interested in what is revealed.

Isn't an unjustified shooting always manslaughter if not murder?

 

[TiminMishawaka]

Yeah, this sucks and that bad example of a cop should be in the clink.

The plus side is that if charges are never filed by the county prosecutor, it appears the federal prosecutors are going to get full cooperation from the mayor for the federal civil rights violation case.

 

[dross]

Isn't an unjustified shooting always manslaughter if not murder?

I'm not a lawyer, but it seems to me that an unjustified shooting could range between a complete accident all the way to 1st degree murder, with anything in between, depending on the circumstance.

 

[IncendiaryGunner]

I just do not understand what constitutes manslaughter or murder if this does not.

1) Unjustified shooting

2) Intent to shoot (not accidental)

3) Shots were aimed to kill

I am confused... that sounds like a slam dunk conviction... does he think a jury would not convict? I just don't understand this, and am trying to reach for logic here I guess....

 

[Palarran]

OK, I think I found why they didn't charge him. It apparently is a matter of Washington law that it "shields police officers from criminal prosecution when they claim they used deadly force in self-defense, unless it can be shown they acted with malice and a lack of good faith." So apparently the prosecutor felt that even though the shooting was unjustified, they felt that they couldn't prove the element of malice and lack of good faith. It stinks, but it sounds like Washington needs a better law.

 

[malern28us]

Sad to see that a person lost their life. The officer wont have to answer to our system of justice but will have to explain himself to God.

 

[Disposable Heart]

Seems like their "law" on LEO shooting is vague enough that the prosecution can't get a foot hold: They have to prove "malice", which without a mental readout (not too many models of man-animal come with the data port for that) can be nearly impossible.

I suspect maybe something like negligence or manslaughter, civil court, who knows? But all in all, bad cop making the rest look pretty bad.

 

[IncendiaryGunner]

OK, I think I found why they didn't charge him. It apparently is a matter of Washington law that it "shields police officers from criminal prosecution when they claim they used deadly force in self-defense, unless it can be shown they acted with malice and a lack of good faith." So apparently the prosecutor felt that even though the shooting was unjustified, they felt that they couldn't prove the element of malice and lack of good faith. It stinks, but it sounds like Washington needs a better law.

Ahh that makes sense, they did keep referring to the officer "acting in good faith".

This is bad news for the good officers in that area.

 

[Palarran]

At least they forced him to resign. Not enough for justice, obviously, but at least it is something.

 

[IncendiaryGunner]

Hrm the idea of "good faith" is quite a large loophole, don't you think?

What does that even mean, legally?

He intended to do good, even though his actions were "not justified" .. ??

 

[level.eleven]

At least they forced him to resign. Not enough for justice, obviously, but at least it is something.

The real test of the system is to see if another department will pick him up. The shuffle game - here is the most recent installment.

Police officer fired by DPD after assault, hired and promoted in Highland Park

 

[WWIIIDefender]

the officer didn't follow his training and his decision to use deadly force did not conform to dept policy. does that sound like "good faith"

Infact I would say it was malice. The officer infact targeted this man for doing something that is not against the law. The woodcarver was walking wittling on his work.....not illegal and this officer targeted him for that causing the incident in the first place. Weapon drawn and trained to kill while targeting innocent people, I would argue thats malice.

 

[rambone]

Do regular citizens get to shoot people in good faith or is that just a privilege reserved for the government?

 

[Benny]

So if he is found guilty in the civil suit, who will fit the bill?

 

[firehawk1]

Do regular citizens get to shoot people in good faith or is that just a privilege reserved for the government?

I don't know if this is scarey or not but..... I find myself agreeing with you more often.

Not EVERYTHING mind you.

 

[jbombelli]

Do regular citizens get to shoot people in good faith or is that just a privilege reserved for the government?

What do YOU think?