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Thread: Cleveland officer found not guilty in killings that followed car chase

  1. #91
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    Re: Cleveland officer found not guilty in killings that followed car chase

    From the Judges decision.
    From the bottom of page 32 to 33.

    [...]

    So, I reject the claim that 12 seconds after the shooting began it was patently clear from the perspective of a reasonable police officer in Brelo's position that the threat had been stopped, and therefore find that Brelo's entire use of deadly force was a constitutionally reasonable response to an objectively reasonably perceived threat of great bodily harm from the occupants of the Malibu, Russell and Williams.

    Summary

              The state did not prove beyond a reasonable doubt that the defendant Michael Brelo knowingly caused the deaths of Timothy Russell and Melissa Williams because the essential element of causation was not proved for both counts. I therefore find the defendant not guilty of counts one and two as indicted.

              The state did prove the lesser included offense of felonious assault on both counts by demonstrating beyond a reasonable doubt that the defendant knowingly caused serious physical harm to both victims. But the defendant proved by a preponderance of the evidence that he is legally excused from liability for those crimes because he caused the serious physical harm to the Victims in a constitutionally reasonable effort to end an objectively reasonable perception that he and the others present were threatened by Russell and Williams with imminent serious bodily harm. I therefore also find the defendant not guilty of felonious assault, the lesser included offense on both indicted counts.

    IT IS SO ORDERED:


    http://documents.latimes.com/michael-brelo-ruling/



    It is clear the Judge recognized the reasonable belief of the threat that the two posed.
    Last edited by Excon; 05-23-15 at 10:10 PM.
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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by Black Dog View Post
    There was no gun, why do you think they said "allegedly" because the police claim they had one. Yet again, no powder on the victims and no gun.
    Doesn't matter one bit.
    Reasonable belief existed that they posed a threat of great bodily harm.

    As the Judge said: " and therefore find that Brelo's entire use of deadly force was a constitutionally reasonable response to an objectively reasonably perceived threat of great bodily harm from the occupants of the Malibu, Russell and Williams."
    “The law is reason, free from passion.”
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    Re: Cleveland officer found not guilty in killings that followed car chase

    Cleveland seems to be protesting in peace tonight...only one display of ignorance where a chair was thrown through a restaurant window and injuring a innocent bystander. The big question is why the driver of the car ran...and he could have been stoned on coke according to the autopsy. Coke was found in the system of both victims. Both had a prior police record, so when the plates were ran this popped up. The driver also drove over 20 miles at times clocking 100 miles per hour.

    Timothy Russell, Malissa Williams Shooting: Cleveland Community Wonders Why 137 Rounds Fired
    Timothy Russell, Malissa Williams, Used Cocaine Before Fatal Car Chase, Autopsies Show

    I know a lot of folks do not believe in shooting a person if they run...but times are different now with the amount of guns circulated in society and I think we better get used to this if we want to sustain the 2A. LE just do not know if a person is armed or not and will not take the chance if or not they are.

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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by Fletch View Post
    I generally agree with you, but the claim that the car backfired strikes me as BS. I think I have heard a car backfire one in my life. The odds that this one backfired at that particular instance just doesn't strike me as believable. If true, however, these two suspects have to be the most unlucky people on the planet.
    Hey, that's what the cops said in their report. It seems very very very unlikely to me that 136 rounds were unloaded into a fleeing car because they thought it was a safety precaution. And yeah, they ran: a threat to a cop with a wife and kids who wants to go home after his shift.
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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by Dittohead not! View Post
    Obviously, it must mean that blacks are at fault. They are clearly inferior to whites, or all those tax dollars would have lifted them out of poverty by now. Therefore, standing on the hood of a car and firing fifteen shots at point blank range is perfectly acceptable.

    Because black lives really don't matter. Most blacks are killed by other blacks anyway, remember?





    sarcasm? You thought that was sarcasm?





    Well, you were right.
    No, I thought that was ignorance.

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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by Nursmate View Post
    Cleveland seems to be protesting in peace tonight...only one display of ignorance where a chair was thrown through a restaurant window and injuring a innocent bystander. The big question is why the driver of the car ran...and he could have been stoned on coke according to the autopsy. Coke was found in the system of both victims. Both had a prior police record, so when the plates were ran this popped up. The driver also drove over 20 miles at times clocking 100 miles per hour.

    Timothy Russell, Malissa Williams Shooting: Cleveland Community Wonders Why 137 Rounds Fired
    Timothy Russell, Malissa Williams, Used Cocaine Before Fatal Car Chase, Autopsies Show

    I know a lot of folks do not believe in shooting a person if they run...but times are different now with the amount of guns circulated in society and I think we better get used to this if we want to sustain the 2A. LE just do not know if a person is armed or not and will not take the chance if or not they are.
    So if I kill your child, and run. Thats it. Dont pursue. Please.

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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by CRUE CAB View Post
    So if I kill your child, and run. Thats it. Dont pursue. Please.
    WTF are you talking about?

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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by CRUE CAB View Post
    No, I thought that was ignorance.
    Well, you were wrong.
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    Re: Cleveland officer found not guilty in killings that followed car chase

    Quote Originally Posted by jet57 View Post

    I'm glad the cop's okay. Those two in the car are dead because they ran from the cops.
    Correction....

    Actually, getting shot a few dozen times is what killed them. People run from cops all the time and don't die.

    Just say'in
    Last edited by csbrown28; 05-24-15 at 09:08 AM.
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    Re: Cleveland officer found not guilty in killings that followed car chase

    At least the city government and LEO has stood up and said 'protest all you want, no violence, no destruction of property, we'll arrest you'.

    So at least Cleveland won't be having the riots. (crossing fingers).
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