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Justified shooting or fair game? Shooter of Ashli Babbitt makes shocking admission
The Hill ^ | 08/28/21 | JONATHAN TURLEY

Posted on 08/28/2021 1:53:07 PM PDT by Robwin

At the time, some of us familiar with the rules governing police use of force raised concerns over the shooting. Those concerns were heightened by the DOJ’s bizarre review and report, which stated the governing standards but then seemed to brush them aside to clear Byrd.

The DOJ report did not read like any post-shooting review I have read as a criminal defense attorney or law professor. The DOJ statement notably does not say that the shooting was clearly justified. Instead, it stressed that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’” It seemed simply to shrug and say that the DOJ did not believe it could prove “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

(Excerpt) Read more at thehill.com ...


TOPICS: Miscellaneous
KEYWORDS: ashlibabbitt; babbitt; banglist; capitol; capitolriot; doj; jan6th; jonathanturley; murder; murderer; murderofashlibabbitt
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To: Robwin

>>> “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully<<<

Can we expect Kyle Rittenhouse will receive this wide latitude as well?


21 posted on 08/28/2021 2:19:42 PM PDT by Don@VB (Power Corrupts)
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To: Robwin
Many who know tons more about proper pistol and gun usage have pointed out that this highly trained Crapital Cop had his finger ON the trigger in all the videos rather than outside the trigger guard.

Does that show intent or a general lack of training or both? (rhetorically asked)

22 posted on 08/28/2021 2:20:16 PM PDT by llevrok (I'm old enough to remember metal toys in Cracker-Jacks.)
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To: I want the USA back

I personally have a feeling (no evidence) that in reverse of the many cop versus violent black criminal confrontations and arrests, this time the overly nervous and panicky black officer fired through impulsive emotional response against a white. I think he was scared and angry and acted on his raw emotions like an urban playground battler who later regrets hitting and kicking his opponent——while recalling it in police custody.

That is what many white officers are in prison for (except races were reversed this one time).

I think, not know, that this was an emotional situation for that officer and he acted recklessly and killed an UNARMED woman who posed no threat to anyone, in my opinion.

To be fair, here is the Leftist and racist Mayor Lori Lightfoot’s side in an AP article that emotionalism after a foot chase can increase violence from police:
https://apnews.com/article/shootings-police-chicago-lori-lightfoot-us-news-723c15b399e8e7754801c24604c4234e


23 posted on 08/28/2021 2:21:15 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
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To: Robwin

The officer’s comments that I heard sounded unhinged. Something about people are racist against him when he’s the only one who shot someone of a different race.
And that he saved countless lives when the protestors gained access to everywhere and didn’t harm anyone.
Also that they were going to cut off his head?
A lot of exaggeration and craziness but no justification for killing a young woman.


24 posted on 08/28/2021 2:21:18 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: Robwin
Glad I wasn't in that position where I was defending the hallway in that building with adrenaline running while people were in the stairway smashing on the bullet proof window with a helmet until it finally gave in then an individual started climbing thru..........
25 posted on 08/28/2021 2:23:38 PM PDT by Hot Tabasco (Without potatoes, life has no meaning......)
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To: rolling_stone

Warning shot? Really?

That is strictly prohibited by EVERY OTHER AGENCY in the law enforcement world. In real police work, you only draw your weapon when there’s a threat. If you think a warning shot is ok, then there’s no threat. Warning shots don’t meet that standard.

While I’m not defending that POS in anyway, there was no where for him to fire one even if that were SOP and he wanted to. Concrete everywhere. No telling where that ricochet would go.


26 posted on 08/28/2021 2:23:48 PM PDT by qaz123
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To: Rummyfan

She was crawling through a window. Clearly he hands would be visavle. The p word panicked.


27 posted on 08/28/2021 2:26:06 PM PDT by gov_bean_ counter (FI miss out mean tweeting, man spreading, room owning President…)
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To: qaz123

I did not say warning shot i said warning, like stop or I’ll shoot...


28 posted on 08/28/2021 2:39:54 PM PDT by rolling_stone
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To: rolling_stone

“capitol police policy is if at all possible give a warning before using deadly force..he had plenty of time”

And not only that, all lower levels of force must be precluded. Why no hands on arrest? Why no pepper spray? Why no baton or taser? This shooting was 100% illegal.


29 posted on 08/28/2021 2:40:08 PM PDT by DesertRhino (A coup government may not claim the protection of the same constitution it overthrew. )
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To: Rummyfan

its on video. bad shoot.


30 posted on 08/28/2021 2:40:28 PM PDT by joshua c (Dump the LEFT. Cable tv, Big tech, national name brands)
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To: Robwin
“evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

Like to see an average citizen get that level of deference.

31 posted on 08/28/2021 2:41:58 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: GOPJ
Nevertheless, Byrd boasted, "I know that day I saved countless lives." He ignored that Babbitt was the one person killed during the riot.

This man is in serious denial. Or he really believes his own bullsh*t, which is even worse.

32 posted on 08/28/2021 2:43:41 PM PDT by Rummyfan (In any war between the civilized man and the savage, support the civilized man. Support Israel.d)
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To: llevrok
Does that show intent or a general lack of training or both? (rhetorically asked)

I know it's rhetorical but I vote BOTH.

33 posted on 08/28/2021 2:45:54 PM PDT by Rummyfan (In any war between the civilized man and the savage, support the civilized man. Support Israel.d)
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To: Robwin

In his interview with Lester Holt, they edited the video when he answered whether she posed a threat.

I doubt anyone has the unedited version for the full answer he gave to Lester.


34 posted on 08/28/2021 3:07:11 PM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: Robwin
 
 
He's a chickencrap little coward, unsuitable to carry a butterknife. He had all the advantage at the time, with one little window for entry - all he had to do is run up and block it, announce in command voice that no, they're not coming in there, go back. Only escalate if they escalate - it's policing 101. But no he popped out of a room and *BAM*. He has no justification for escalation to deadly force like that - none. He's full of it and so are the people and entities protecting him..
 
 

35 posted on 08/28/2021 3:07:24 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: Hot Tabasco

So you’re defending Byrd then.


36 posted on 08/28/2021 3:19:02 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Robwin

Based on what he said in the NBC interview, there is enough to criminally charge him.


37 posted on 08/28/2021 3:27:52 PM PDT by kenmcg (tHE WHOLE )
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To: Robwin

He broke cover to fire at an unarmed woman. That right there is a firing offense at a minimum. Had he fired when Babitt approached his principal, he might have a leg to stand on.


38 posted on 08/28/2021 3:29:16 PM PDT by TallahasseeConservative (Isaiah 40:31)
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To: MileHi
So you’re defending Byrd then.

You can read, what did I say?

Sorry bud but I'm not going to be baited into a pissing contest with you.......Sheesh!

39 posted on 08/28/2021 3:30:34 PM PDT by Hot Tabasco (Without potatoes, life has no meaning......)
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To: Robwin

It’s apparent to me that there is, indeed, a two tiered legal system in our country. And, in this instance, the DOJ came down squarely on the side of the ruling elite. The lower class can burn cities and loot stores with impunity but you better not threaten the ruling class.


40 posted on 08/28/2021 3:32:51 PM PDT by Rowdyone
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