In this case, there seems to be string of "could haves":
-he could have initiated an attack on me (in car)
-non lethal force might not have stopped him
-he could have then initiated one or more to the death banzai charges
-he could be incredibly dangerous, even when wounded
-he could have closed the distance seperating us before I could use other options besides lethal force
I can give the officer 1 or more "could haves". But, it appears he is asking for 5. To me, this makes the officer's claim extraordinary- even given the fact that Brown is not a "Gentle Giant" and was probably pumped up after "slapping down" the clerk.
Who has the burden of proof? Must Wilson show that the shooting was jusified? If so, I think there are too many "could haves" for him to prove the shooting was justified by his word alone. Wilson must change some "could haves" into "probably dids" with physical evidence. I dont think he can do this.
Last edited by Cryptic; 08-26-14 at 03:22 PM.
“Most of the shadows of this life are caused by standing in one's own sunshine.”
Ralph Waldo Emerson
Administratively, Wilson might have to prove that the shooting was justified. If he can't, then he can get fired etc. If the shooting was not justified, then it might also be a crime.
Technically, the burden of proof is on the proscecutor to prove that not only was the shooting not justified, but that Wilson is also guilty of a criminal act.
But.... many jurors may well presume that if Wilson cant show the shooting was justified administratively, then he is automatically guilty of a crime. They may even presume and apply that presumption despite judges instructions to the contrary.
Last edited by Cryptic; 08-26-14 at 04:04 PM.
I wonder if any of those "shots" heard on the recording is an echo?
I once covered a police shooting incident in Vancouver where a video tape recorded 39 shots. There were no hits.
An independent examiner found that there were 9 shell casings accounted for and eleven bullets from the assigned amount that were missing, two were later determined to have been expended in a test fire on the range.
I do not ay this is the case here, in fact I here several distinct shots.
In any event, what this will do is further the divide between the citizens and the police, further cast doubt on their integrity seriously harking their ability to serve and protect.
They so need an independent investigation, all that need happen is the State Attorney general name a good judge, preferably half white and be done with it.
"Small people talk about people, average people talk about events, great people talk about ideas" Eleanor Roosevelt