Posted on 04/08/2015 12:59:17 PM PDT by IChing
Last Saturday, April 4th at about 9:30 a.m., 33-year-old North Charleston, S.C. police officer Michael Slager shot 50-year-old Walter Scott near the intersection of Remount and Craig Roads in North Charleston.
Take a good look at this alarming video, then read why I say the officer will not be convicted of murder, but of a lesser included charge of voluntary manslaughter instead.
Slager initially pulled Scott over for a broken taillight, but the incident escalated when Slager tried to take Scott into custody on an outstanding arrest warrant for non-payment of child support. Scott had some additional prior violent criminal history.
Without any analysis, it seems like a very damning video. In addition to the shooting itself, some accuse Slager of lying about the incident, and the video itself shows Slager appearing to move the taser, after the shooting.
I predict that Officer Slager is going down, but not for murder. He is being charged with murder(presumably second-degree), but he’ll be convicted of voluntary manslaughter instead. Why? Mitigating factors, as follows.
It will be pointed out to the jury that at the very beginning of the video, you can actually hear the taser being deployed; that ratchety clicking sound, off-camera and before anything really comes into focus. That means the taser was activated prior to the video frame at :17, where you suddenly can see Scott and Slager in close confrontation for a split-second, fighting over the taser.
In the next second, Scott turns and flees as you see the taser fall to the ground and Slager reach for his gun. Slager opens fire with eight shots as Scott runs away, then falls.
It will be explained that after Scott’s first attempt to flee, from the gas station where he’d been pulled over, he then physically resisted arrest, and that Slager was unable to subdue Scott to get him into custody. Due to the taser failing to stop Scott as he resisted, with Scott trying to wrest the taser away from Slager, assault on a police officer will be argued — therefore, Scott at this point is legitimately deemed by Slager to be violent felon.
The video supports this argument, and the defense will almost certainly argue it. Slager, now, has a somewhat legitimate argument that his own life is in jeopardy if Scott is able to get the taser away from him, possibly turning it on him, incapacitating him, and then accessing his pistol to use against him. So, Slager abandons the taser (it falls to the ground) and reaches for his pistol as a last resort. This immediately causes Scott to flee.
That’s the point at which a reasonable person would expect Slager to desist from using deadly force. However, some will try to argue that Slager had a duty to use any means up to and including deadly force to stop the escape of a violent felon who had just assaulted a police officer and tried to get a weapon (the taser) from the officer as being an imminent threat to others. I’m not saying the defense will necessarily try that shaky angle (Tennessee v. Garner), although they may plant suggestive seeds to that effect.
Slager’s defense team will emphasize the totality of the circumstances, exploit the mitigating factors, and rest in the reasonable doubt as to Slager’s culpability for the murder charge. Murder requires certain key elements (i.e., depraved mind, malice aforethought) which I do not believe can be proven here.
The jury will not fully accept all implications of the defense, yet because of reasonable doubt as to murder they will nonetheless not be able to agree to convict Slager on that charge. Slager’s action in the immediate aftermath (moving the taser, which can be seen as somewhat suspicious unless one deems it mere negligent handling of the scene/evidence) will help the jury rationalize convicting him of voluntary manslaughter, which can carry a prison term up to and equal to murder.
Incidentally, I know the location where this happened intimately; it’s mere yards from the perimeter of Charleston Air Force Base. I was stationed there for 4 years, from 1982-86, and would pass this very intersection on my way to and from my girlfriend’s house and visiting the commercial strip on Rivers Avenue. Even used to buy gas at that corner.
Another interesting coincidence is that both Scott and Slager served in the Coast Guard.
I beleive you only get one shot with that type of taser, once it’s been deployed, it’s just a hunk of plastic. If that is true, then the officer would have known that.
If a taser doesn’t take you down it generally means you are flying high on PCP’s or something.
Some tasers have multiple charges ready to go, but I don’t know what sort of taser this was. Someone on another thread said even with an expended cartridge type unit a lesser shock can still be delivered.
Or it means the taser didn’t make good contact with your skin.
I have not seen the video no read any other stories about this case. However, based on what I read in your post, if I was on the jury I’d acquit of all charges.
Sometimes watching a police video is like watching sausage being made: It’s ugly to watch, but you like the results.
Of course, I also believe that police should be allowed to shoot at people running away that refuse to stop.
No jury in this country is going to believe that your life is in immediate danger (esp a police officer holding a gun) when the perp is running away in the other direction unarmed!
You present some good arguments for the defense, but I full well believe, in light of the LIV reaction to Furgeson and NY, that the jury will bow to public pressure and this officer will fry.
May I ask why you believe that failure to obey police commands should be a death sentence?
If true, you are deranged.
Well thought-out, well-written. Thanks for the post.
And THAT’s how you stir up rioting~!
You need to see the video. You will change your mind
The guy is 35 feet away and running away- and the officer shoots 8 times - pausing once after 6 then two more when he is clearly hit
‘leaf is just foolin’ Ray......NOBODY is that damn stupid.
Under what conditions?
The law in your state may vary. But in mine (Texas), deadly force can be used during arrest:
There are some other qualifiers -- you can read it if you like.
My point is: there's no carte blanche under the law in my state to use deadly force in an arrest.
.
This is just some cops wishful thinking.
There is no manslaughter element to any of this.
The cop knew that his sidearm would be deadly if fired at the victim’s upper torso, thus he deliberately took deadly action for a decidedly non deadly threat.
This is a very clear second degree murder case.
.
Watch the video!
Nothing you have assumed is real.
The real question is was the event long enough for the charge to be first degree, rather than second.
.
I don’t care if Scott is violent or not. We don’t shoot people eight times in the back as they run away in America. You can say he was a child raping mother raping Nazi. But we still don’t shoot them eight times in the back while running away. This cop should go to jail and NEVER COME OUT. His authority complex got way out of control.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.