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No charges against Seattle officer who shot woodcarver
Seattle Times ^ | 02/15/2011

Posted on 02/15/2011 7:50:56 PM PST by The Magical Mischief Tour

King County prosecutors have decided not to file criminal charges against Seattle police Officer Ian Birk in the fatal shooting of woodcarver John T. Williams, according to sources familiar with the decision.

Prosecutors have been confronted with a steep legal hurdle in deciding whether to charge Birk with murder or manslaughter. State law shields police officers from criminal prosecution when they claim they used deadly force in self-defense, unless it can be shown they acted with malice and a lack of good faith.

(Excerpt) Read more at seattletimes.nwsource.com ...


TOPICS: Crime/Corruption; Government; US: Washington
KEYWORDS: donutwatch; ianbirk; ianburke; johntwilliams; kingcounty; seattle
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To: The Magical Mischief Tour; mylife

Un freaking real!
I KNEW he’d get away with it..
The SOB!


21 posted on 02/15/2011 9:11:32 PM PST by MS.BEHAVIN (Women who behave rarely make history)
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To: The Magical Mischief Tour

A lot of FReepers called it. The cop walks for cold blooded murder.


22 posted on 02/15/2011 9:48:46 PM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: TigersEye

All a cop has to say is the he “feared for his life” which is a get out of jail free card.


23 posted on 02/15/2011 9:58:09 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: muawiyah

King County Prosecutor Dan Satterberg played this episode too safe. He is fighting the Seattle Police Officer’s Guild, who are willing to sacrifice a lowly Indian woodcarver for their prestige and the prestige of one of their officers. For example, Police Guild President Rich O’Neill wrote in the Guild newsletter, the Guardian, expressing his distain for the “media frenzy” over the shooting of Williams:

“It is extremely frustrating when individuals with zero police training feel qualified to voice their opinions on police actions.”


24 posted on 02/15/2011 10:21:05 PM PST by jonrick46 (We're being water boarded with the sewage of Fabian Socialism.)
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To: The Magical Mischief Tour

It’s Williams’ own fault. He should have had a dog for the officer to shoot. < /s>


25 posted on 02/15/2011 10:32:52 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: The Magical Mischief Tour
Four of eight jurors found that Birk wasn't facing an imminent threat when he fatally shot Williams, and that he didn't give Williams sufficient time to put down a knife he was carrying during their confrontation on a Seattle sidewalk.

At the very least, he should be charged with manslaughter and reckless endangerment.

Aggressive posture, my @ss!

26 posted on 02/15/2011 10:38:06 PM PST by smokingfrog ( BORN free - taxed to DEATH (and beyond) ...)
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To: Cicero
Definitely a miscarriage of justice, IMHO. I blame the Prosecutor for failing in his duty.

I agree. Chilling and disgusting. The State almost always protects their own. This cop committed cold blooded murder.

27 posted on 02/15/2011 10:39:50 PM PST by sand88
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To: Jack Hydrazine

When a half-deaf guy carving on a piece of wood refuses to turn and face you in less than seven seconds that’s got to put you in fear for your life, man! /s


28 posted on 02/15/2011 10:51:11 PM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: sand88

“Definitely a miscarriage of justice, IMHO. I blame the Prosecutor for failing in his duty.

I agree. Chilling and disgusting. The State almost always protects their own. This cop committed cold blooded murder.”

This is more than just a miscarriage of justice. This is further evidence of institutional failure. The Cities are too powerful. Period.

Vote no to every municipal bond issue that comes up. Vote against every lawyer or activist that runs for city council. Starve the Beast. Cities are Democracy in action. Two wolves and a sheep voting on whats for supper. Failed institutions. All over this once great country. The problem emanates from your neighbors who long ago chose safety and order over liberty. Liberty is dead. Long live Liberty. Liberty doesn’t live here any more.


29 posted on 02/15/2011 10:54:24 PM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: The Magical Mischief Tour

Outrageous!

At he least, he should never wear a badge or carry a gun again.


30 posted on 02/15/2011 10:58:41 PM PST by maine-iac7
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To: muawiyah

“The cops know the routine. They know or should be expected to know the various “regulars” who make their way through the area going to and from meetings with doctors, encounter groups, parole officers, drug rehab clinics, and so on.”

That’s right cops know they won’t be prosecuted criminally for shooting “civs”. That’s why they do it. They are protected. No fear. Shoot, get fired, move to another department. This moron made the mistake of getting famous so no department will touch him. So the rule is, make your shoot, make it count, avoid youtube. That’s the high standard expected of LEO.


31 posted on 02/15/2011 10:58:57 PM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: maine-iac7

Even better, the officer is on PAID leave. What a bargain! A nice paid vacation.


32 posted on 02/15/2011 11:56:16 PM PST by boop ("Let's just say they'll be satisfied with LESS"... Ming the Merciless)
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To: The Magical Mischief Tour

Holy cats, I took the time to look up the dashcam video on youtube and it is just awful. I can’t believe they are not prosecuting. You see the poor victim cross the street, absolutely minding his own business, then the cop stops his car and gets out, with a whole bunch of attitude. He doesn’t identify himself as an officer or anything — just starts yelling, “Hey, hey, hey, put the knife down, put the knife down, put the knife down” — and then IMMEDIATELY starts shooting. I’m so slow on the uptake myself these days (getting old, what can I say) that I’m sure that SOB would have shot *me* since I would not immediately have complied with His Highness’s commands. I hope Seattle folk will come out in droves for the protests today (Tuesday). This reeks.


33 posted on 02/16/2011 1:57:14 AM PST by Hetty_Fauxvert (March 2010: Congress shoved Obamacare down our throats. November 2010: We will shove it back!)
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To: Hetty_Fauxvert

Oops, meant to write Wednesday. See? I’m slow ... therefore I’d be cop fodder. Jeez.


34 posted on 02/16/2011 1:59:27 AM PST by Hetty_Fauxvert (March 2010: Congress shoved Obamacare down our throats. November 2010: We will shove it back!)
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To: MaxMax
Williams was pretty much deaf in one ear and didn't hear very well with the other. That from someone I know who knew Williams, and who is pretty ticked/saddened by the whole thing.

This was a bad shoot, the wound channels in the victim would prove that.

35 posted on 02/16/2011 2:04:27 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: momtothree

Yep.


36 posted on 02/16/2011 2:05:14 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: The Magical Mischief Tour

Did the slain man have family? I would think that a lawsuit for wrongful death (which is easier to win because it does not need to meet the “beyond a reasonable doubt” standard of proof) is next up, unless the man was truly alone.


37 posted on 02/16/2011 2:11:36 AM PST by HiTech RedNeck (Hawk)
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To: TigersEye

I just watched that video for the first time.

After the shots were fired but before other officers came on the scene (about 2:05 of the video), you can hear Birk clearly say to someone “Ma’am, he had a knife and he wouldn’t drop it.”

So, having a knife is now illegal and not dropping it on demand warrants murder.

He didn’t say “He came at me” or “He threatened me.” or “He tried to swipe the knife at me” - only that he wouldn’t drop it when ordered.

I hope that guy isn’t still employed in law enforcement.


38 posted on 02/16/2011 2:59:17 AM PST by calcowgirl ("Sapere Aude!" --Immanuel Kant)
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To: smokingfrog
At the very least, he should be charged with manslaughter and reckless endangerment.

Not possible. cops have a never go to jail card

"unless it can be shown they acted with malice and a lack of good faith."

No charge below premeditated murder is possible

39 posted on 02/16/2011 4:21:57 AM PST by Oztrich Boy (History repeats itself, first as tragedy, second as farce - Karl Marx)
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To: The Magical Mischief Tour
Birk testified during the inquest that he was initially concerned because Williams showed signs of impairment while carrying a knife.

I guess "impairment while carrying a knife" is a capital crime in WA?

40 posted on 02/16/2011 8:12:43 AM PST by TankerKC (Confucius say, he who rushes to vote on bill before reading, might forget severability clause.)
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