Simply put, the judge *had* to throw out the indictment, because the prosecutor made a fatal error when presenting the case to the grand jury. However, the judge’s order was not “with prejudice”, so the case can and will be refiled before another grand jury.
The prosecutor’s error was that he did not present the recorded-on-police-radio instructions to the officer who shot the suspect. That was it, but yes, it is a serious flaw to an indictment. No way could that indictment have survived into trial.
The “they had no warrant” charge was bogus, because they were in pursuit, so they didn’t need a warrant.
What matters is that the officer legitimately *thought* he was armed, so if he made any movement that looked like he was pulling a gun, the shooting was legitimate.
The police were not in pursuit.
The young man is clearly strolling into his residence, not fleeing.
One could make a case that the police were *watching* the residence and then *stormed* it.
But the claim that they were in hot pursuit of a man (seriously? They’re “in hot pursuit” and can’t catch a man at a leisurely stroll?) is suspect at best.
Don’t justify the criminal actions of government employees.
I guarantee the same setup could be used against any Freeper here—storm the residence, claim to be in hot pursuit of Freeper X, shoot Freeper X without a warrant.
Let’s nip this in the bud now, before it is used against us.