Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Conscience of a Conservative

As mentioned prior.....is this going to be a seat belt issue when it comes down to the wire?


354 posted on 05/01/2015 11:16:52 AM PDT by caww
[ Post Reply | Private Reply | To 332 | View Replies ]


To: caww

Seems most folks think so, although if they can some how prove the paddy wagon driver was trying to give a ‘rough ride’ on purpose its going to be worse. But I dont know how you can go about proving that.


357 posted on 05/01/2015 11:19:10 AM PDT by HenryArmitage (it was not meant that we should voyage far.)
[ Post Reply | Private Reply | To 354 | View Replies ]

To: caww
As mentioned prior.....is this going to be a seat belt issue when it comes down to the wire?

I don't think so. When it comes down to the wire, I think this is going to be a "course of conduct" type case, which are often the most difficult to win for a prosecutor. In other words, from where I'm sitting (and take this with a grain of salt, as I'm neither a prosecutor nor familiar with MD law), I would think that the prosecution is not going to argue that any single act of the police officers was an act of murder/manslaughter/etc., but rather that, taken a a whole, their whole course of conduct--from unlawfully arresting him, to placing him in the van in restraints and without a seatbelt to repeatedly refusing his requests for medical attention, to placing him back in the van in restraints, on his stomach, without a seatbelt, etc.--constitutes murder/manslaughter/etc under MD law.

The only exception to that (based on the timeline as presented by the DA) is the last stop in the van, when the officers saw that he was not responsive, and proceeded to take him to the precinct instead of summoning medical assistance (or taking him directly to the hospital). I could see the prosecution arguing that the officers' failure to summon medical attention at that particular time was a criminal act.

374 posted on 05/01/2015 11:32:59 AM PDT by Conscience of a Conservative
[ Post Reply | Private Reply | To 354 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson