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View Diary: BART police punched Grant in face before fatal shooting (Updated w/ transcript) (250 comments)

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  •  Yes it is... (11+ / 0-)

    I doubt though there will be any felony murder charges against the other cops.  You have to be engaged in an illegal act that is named in the statute and I don't think assault and/or battery are among the illegal acts named in the statute.

    We did it! Now it's time to really change the world!

    by nklein on Sun Jan 25, 2009 at 01:20:29 PM PST

    [ Parent ]

    •  Illegal act, you say? (9+ / 0-)

      Assault & battery of an unarmed civilian?
      Murder (first degree)?
      Aiding and abetting murder?
      Accessory to murder?
      Conspiracy to commit murder?

      They hit him, then held him down so that one of their group could shoot him in cold blood. The only murder charge they can avoid is premeditated and a DA could hang that one anyway simply to have something to take off in a plea bargain of life vs death penalty.

      •  Like I said... (3+ / 0-)
        Recommended by:
        norahc, bigmikek7, arrows theorem

        Felony murder is defined as a murder "which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289."  Assault and battery is not included. (Suprisingly enough sodomy is included in the felony murder statute.  I thin the CA legislature needs to look at Lawrence v. Texas and get that offensive statute off the books).

        I'm not saying that they are not possibly guilty of murder.  If they were planning with the officer who shot the victim, then they are guilty of conspiracy which can lead to the full penalty for murder.  But there are not guilty of felony murder.  That phrase has a very specific meaning.

        We did it! Now it's time to really change the world!

        by nklein on Sun Jan 25, 2009 at 03:58:44 PM PST

        [ Parent ]

        •  Follow your own cites. (3+ / 0-)

          Right from the start in §206 we have:

          [California] Penal Code section 206 states: "Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture. The crime of torture does not require any proof that the victim suffered pain."

          Your witness, counselor...

          •  Reread that... (1+ / 0-)
            Recommended by:

            Nobody in the entire universe, but you would say that hitting a person one torture.

            A single punch is not enough "to cause cruel or extreme pain and suffering for the purpose of...persuasion."

            Assault and battery is something very different from torture and it beyond ridiculous to call what the cop did torture.

            He should go to jail and if he participated in the murder, that should be for the rest of his life.  But he did not torture anybody.

            We're busy trying to get rid of some douchebags who committed real torture.  Let's not go diminishing what the legal term means.

            We did it! Now it's time to really change the world!

            by nklein on Sun Jan 25, 2009 at 09:24:24 PM PST

            [ Parent ]

        •  Murder, not felony murder (3+ / 0-)
          Recommended by:
          Malachite, norahc, ganais

          The cops who were there and did nothings are guilty of accessory to the murder.  The ones who held him down are guilty of murder.  

          SO you don't really need to charge them with felony murder.  However, if you really wanted to, the underlying felony would be malicious wounding - by the cop who hit him in the face and the others who held him down.

          Cops are like any other profession, some good, some bad.  Bad cops, however are worse than the criminal on the street.  Like Thurgood Marshall said, the cop on the street has the most power of any person in the legal system, because he can summarily execute a citizen right on the spot.

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