What Will Happen to Officer Darren Wilson?

A grand jury has convened to determine what charges, if any, will be brought against Ferguson police officer Darren Wilson, the officer who shot and killed Michael Brown earlier this month.

Over at The New Republic, Yishai Schwartz argues that a conviction against Wilson is impossible because of Missouri's self defense laws

If Wilson isn't indicted by the grand jury or is acquitted at trial, the Brown family will most certainly file a wrongful death lawsuit. I also wouldn't be surprised if Eric Holder were to pursue a case against Wilson for federal civil rights violations. But that will do little to mollify the mob out for Wilson's blood. if Wilson isn't indicted and convicted then the unrest in Ferguson will resume with a vengeance as Al Sharpton, Jesse Jackson and Spike Lee stoke the flames.

My issue with the claim that it was a good shoot predicated on the above is the following:

How could Brown have heard a command to stop when his ears were, seconds before, a few inches from a weapon that discharged in a confined space with no hearing protection? I don’t recommend you try reproducing this on your own, by the way. If the “command” was in fact shots fired at his back (which Brown could hear, deafened or not, and of course if he was hit in the hand, which is possible from a ballistics perspective, he’d feel that).....

The evidence does not support that Brown went for the officer’s gun and it discharged during said altercation. Specifically, there was no evidence of powder residue anywhere on Brown, including his hands. I assume for the moment there is physical evidence of a discharge in the vehicle (somewhere in the vehicle there is a hole from the inside out, etc.) — but to assert that Brown caused the discharge or was within inches of the weapon when it happened should have deposited evidence of same on his body, and that evidence is missing.

Show me the ballistics and geometric solution that allows an average-height man to shoot a 6’4” guy, who is roughly 6” taller than the officer, in the head and face with the known angles of entry and (for the shot to the eye) exit while that man is on his feet, charging or not. He did not fall to his knees while charging as the autopsy showed no abrasions on his knees or legs — inescapable injuries if you are charging someone, are shot, and fall forward on pavement. The only abrasion injury was a very light and flat-forward impact injury to Brown’s face consistent with a face-first fall from a stationary position. He thus could not have suffered the fatal shots in a scenario where he is hit superficially in the arm or hand, falls to his knees while running and thus presents the necessary angle for the last two rounds to go into his head that are being fired at an actively-charging suspect.

http://market-ticker.org/akcs-www?post=229323

Not sure if your post was sarc. . .but if not. . .

“How could Brown have heard a command to stop when his ears were, seconds before, a few inches from a weapon that discharged in a confined space with no hearing protection?”

Not established his ears were a few inches from the weapon. And besides, a single shot in an enclosed environment doesn’t mean loss of hearing.

“If the “command” was in fact shots fired at his back (which Brown could hear, deafened or not, and of course if he was hit in the hand, which is possible from a ballistics perspective, he’d feel that).....”

Hit in the hand when facing/charging the officer. Can’t hear a guy yelling but can hear a ‘pop’ from a side-arm? Right. Again, not established fact and completely, totally against all common-sense, training protocol, regulation, etc.

“The evidence does not support that Brown went for the officer’s gun and it discharged during said altercation.”

Notwithstanding the witnesses saying they saw brown fighting the officer while said officer was in the car.

“ Specifically, there was no evidence of powder residue anywhere on Brown, including his hands.”

So, you have access to the entire autopsy report? Police released a statement stating they have definite proof brown did have his hands on the weapon (DNA, fingerprints, whatever).

“I assume for the moment there is physical evidence of a discharge in the vehicle (somewhere in the vehicle there is a hole from the inside out, etc.) — but to assert that Brown caused the discharge or was within inches of the weapon when it happened should have deposited evidence of same on his body, and that evidence is missing.”

Again, the forensics have not been released.

“Show me the ballistics and geometric solution that allows an average-height man to shoot a 6’4” guy, who is roughly 6” taller than the officer, in the head and face with the known angles of entry and (for the shot to the eye) exit while that man is on his feet, charging or not. He did not fall to his knees while charging as the autopsy showed no abrasions on his knees or legs — inescapable injuries if you are charging someone, are shot, and fall forward on pavement.”

Ever shoot a handgun? Bet not, Ever fired a shot during a life-or-death situation? Bet not. Shooting rounds rapidly, very rapidly, especially at a charging person and after being hurt is darned difficult. The shot are forensically and physically reasonable as firing rapidly stops the threat in mid-stride and he falls, and the officer was in the process of shooting rapidly and hits brown. You don’t fire, wait to see what happened, pull the trigger again, wait to see what happens, fire again, wait to see what happens, etc. He fires until the threat stops.

“ The only abrasion injury was a very light and flat-forward impact injury to Brown’s face consistent with a face-first fall from a stationary position.”

Again, you have access to a yet-to-be-released autopsy and forensics reports.

“He thus could not have suffered the fatal shots in a scenario where he is hit superficially in the arm or hand, falls to his knees while running and thus presents the necessary angle for the last two rounds to go into his head that are being fired at an actively-charging suspect.”
Who the heck said anything about falling to his knees? He is running, he is hit multiple times and then starts to fall and hits the pavement.

http://www.freerepublic.com/focus/news/3193963/posts?page=195#195

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