Jonathan Turley
D.A. Howard just said that they are issuing warrants in the Brooks case. He claims that they have evidence that Rolfe kicked Brooks and Bronsan stood on Brooks after he was shot. As discussed earlier, Howard is applying the Tenn. v. Garner standard and found no justification
The new evidence is important and any abuse following the shooting could be the basis of different charges. However, Tenn. v. Garner would be focused on the shooting, not the abuse following the shooting. Bronson is now a state witness and will testify against Rolfe
The testimony of Bronson is a game changer because, under the case law in the area, this is a tough case for the prosecution because of the struggle with the officers and the use of the taser by Brooks. Bronson could tip the balance against Rolfe. However, as a defense attorney, the felony murder charge (which is a death penalty offense) can be challenged as an over-charge. In the Martin case, I believed the prosecutors blundered on an over charge.
The difference is that the other charges here ...
New Evidence in Zimmerman Case Undermines Prosecutions Case on Second Degree Murder Charge
https://twitter.com/JonathanTurley/status/1273339811089338376
Important background for those outside of a Georgia scratching your head about why the officers who shot Rayshard Brooks are being charged: the incumbent Democrat DA failed to win his primary outright and is in the middle of a run-off.
This is 100% political.— CJ Pearson (@thecjpearson) June 17, 2020
CJ Pearson
Important background for those outside of a Georgia scratching your head about why the officers who shot Rayshard Brooks are being charged: the incumbent Democrat DA failed to win his primary outright and is in the middle of a run-off.
This is 100% political
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Mark C
Atlanta police should immediately go on strike. This is ridiculous.
Further. They should all simply quit. Walk out and go home.
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KAT
The DA said Mr. Brooks was not informed he was under arrest for DUI. Yes he was. Someone caught it on camera & it was all over Twitter so how could the DA have totally missed it. He’s full of crap.
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Lisa
I saw that too & did a double take when he mentioned that, like how can you miss that.
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Nirwen the Elf
A TALE OF TWO INCIDENTS by The Atlanta DA’s Office and the Atlanta Mayor.
Incident 1) 5 Atlanta Police Officers were fired last week for using a taser to remove two college students from a car.
2/ The officers were fired because the Atlanta District Attorney’s Office deemed the Officer’s use of the taser was DEADLY PHYSICAL FORCE.
3/ Incident 2) A suspect who failed a field sobriety test and deemed Driving While Intoxicated resists arrest, fights with police, steals the officers taser (robbery) and escapes.
4/ During the pursuit, the suspect turns and fires the taser at the officer’s head and was shot and eventually dies. The officer is now fired and facing murder charges.
BURNING QUESTION: Why is using a taser considered Deadly Physical Force when it’s used by a police officer but not Deadly Physical Force when used against a police officer by a suspect?