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To: Donald Stone
I dunno. Seems to me that the grand jury simply determined that there was no basis for a criminal charge. I.e., if they had returned an indictment, the defense could have easily shot it down in court.

On the other hand, seems to me that the police department and Special Agent Bragga are wide open to a humongous civil settlement.

6 posted on 07/15/2002 11:08:04 AM PDT by OBAFGKM
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To: OBAFGKM
Seems to me that the grand jury simply determined that there was no basis for a criminal charge.

Grand juries are far from independent. They do what the DA asks them to. They will indict a ham sandwich if the DA wants it, and will turn loose a murderer if the DA tells them to. It appears that is what happened in this case.

Based on what I read in the news, there was definitely cause to indict this guy. No one, including the cops, has the right to use deadly force unless he or she has a reasonable belief that he or she is about to suffer death or grave bodily harm. The kid did what he was told to do, and was shot. This officer could not have had a reasonable belief that he was about to be shot when the kid reached down to unlock the door as he was instructed. End of story.

19 posted on 07/15/2002 12:15:34 PM PDT by Henrietta
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To: OBAFGKM
Seems to me that the grand jury simply determined that there was no basis for a criminal charge. I.e., if they had returned an indictment, the defense could have easily shot it down in court.

On the other hand, with so many local prosecutions of civilians who accidentally shoot another (or prosecution of the parent when the shooter is a minor), this smells like a double standard to me. Then again, there is so much variation amongst prosecutors - maybe this one would not try to indict a civvie who accidentally shot his buddy, let's say, while showing him his newest gun.

27 posted on 07/15/2002 12:46:35 PM PDT by white trash redneck
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To: OBAFGKM
On the other hand, seems to me that the police department and Special Agent Bragga are wide open to a humongous civil settlement.

I'm not certain, but I think Federal agents have personal immunity in such cases. As for the police dept., the burden of any civil award will be passed on to the taxpayer.

30 posted on 07/15/2002 12:50:28 PM PDT by Wolfie
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To: OBAFGKM
seems to me that the police department and Special Agent Bragga are wide open to a humongous civil settlement.

And who foots the bill for THAT??! The taxpayers - i.e. you and me. Bragga will escape all justice for what he has done, just like Lon Horiuchi.

44 posted on 07/15/2002 2:14:24 PM PDT by jimkress
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