[[Negligent “homicide”? Not sure how that will work.]]
By not making sure the perp was strapped in properly
[[If the perp is resisting and kicking and all they can do is lay him in, is that homocide?]]
The prosecution will argue the death happened en route- and that the police ‘should have’ strapped him in properly before taking off- I’m not agreeing with this- I’m just trying to see how they will likely argue
[[Secondly, can the driving be blamed for it when the perp was bashing his head into a bolt matched to the back of the van?]]
They are going to argue that the driver was reckless- not just stopping quick, but masking sharp turns, causing the perp to be thrown in all directions, not just forward
Of course, the burden of proof is going to be on the prosecution, and it’s going to be very very tough to prove that the perp didn’t slip his restraints trying ot get away-
There are a couple of angles the defense is going to use- and rightfully so- the prosecution has to prove, without having been in the van witnessing what actually happened, how the injuries occurred- it’s going to be very tough for prosecution-