“the sound of a taser”
Sounds reasonable. An involuntary reflex, like a tap on the knee by a doctor.
That’s how Posner argued there were no more than three shots fired in Dealey Plaza on 11.22.63.
Zapruder’s film showed three flinches by the operator (Zapruder) as he filmed Kennedy’s limo passing by the Texas skool suppository toward the overpass.
Her lawyer may want to show that officers were not trained in holding a gun on a suspect while another tazed the bro’. Even if they were, it’s a defense anyway. A crime require criminal intent, here (I believe) gross negligence or a reckless disregard for human life or something.
After viewing the chopper video, and from what I’m reading here, the citizen was disregarding instructions, doing his own thing. So maybe he’s right: dead right.
A grand jury will indict a ham sandwich, as the saying goes, but she won’t be convicted. She should tender her resignation, case closed.
As a post script, from an Okie criminal lawyer web site:
“First Degree Manslaughter occurs in the following cases:
1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
Second Degree Manslaughter is defined as:
Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.”
2.?
She negligenced someone to death. She deserves to be punished for it.
A grand jury will indict a ham sandwich, as the saying goes, but she won’t be convicted. She should tender her resignation, case closed.
I think resignation is a moot point. She'll probably be fired well before the trial.
Perfectly stated. But wow, is this story line getting crazy or what?