The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Friday, May 1, 2015

Officers charged in Gray death

City State’s Attorney Says Freddie Gray’s Arrest Illegal, Charges Officers

I think she's wrong about the arrest and the false imprisonment charges, but the rest sounds about right to my legally inexpert ear.

This is my thought, right now.

She seems to be basing all that other stuff on the cops putting Gray into the back of the van without securing him with seat belts and thus exposing him to fatal injury.

The Guardian

Mosby said Gray sustained fatal neck injuries because he was handcuffed and shackled in the back of a police van without a seatbelt after his arrest on 12 April.

That, she says, was murder and manslaughter.

But what counts as sufficient recklessness to justify conviction for depraved-heart murder or reckless endangerment is, like beauty, in the eye of the beholder.

If those charges sound excessive, given what we know, the worst we can say is that it will be a nice change to see a jury decide the question, rather than the law enforcement machine denying them that chance in its usual fashion.

Why two counts, though?

I think the FOP is full of beans.

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