View Poll Results: Is this murder?

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  • Yes, this is murder.

    4 21.05%
  • No, this is manslaughter.

    8 42.11%
  • No, this was a man in uniform doing his job

    4 21.05%
  • OMG, you killed Kenny! You bastards!

    3 15.79%
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Thread: Is this murder?

  1. #21
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    Re: Is this murder?

    Quote Originally Posted by Lursa View Post
    Disagree. As sad as that was, the inmate was violent and KNEW not to confront the guard, which he did. The 2nd slam while maybe or maybe not necessary, was probably believed to be necessary by the person who was threatened and in the best position to know...the guard. Once you are in a physical confrontation, you HAVE to completely stop your opponent. To ensure your own safetly. That 'stopping' can take different forms...like the retreat of the attacker, their death, complete immobilization, etc.
    Very good point. However, with no other facts to go on but the video, I have to agree with Buck on this one, because saw it the same way.

  2. #22
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    Re: Is this murder?

    it is a real murder.he was a child and he should have protected himself without killing him.
    "Sovereignty is not given, it is taken." ATATÜRK

  3. #23
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    Re: Is this murder?

    Quote Originally Posted by Moot View Post

    Intoxication at a bus stop is a prison offense....and a death sentence apparently.
    Public intoxication can get you jailed, yes. But he was not sentenced to death because of it. The inmate died because of his actions in the jail, not because of the offense that got him there. The CO's in a prison/jail are dealing with dangerous people. Maybe not all are dangerous but enough are that an inmate getting in your face like that is a threat. Inmates getting in a CO's face like that is not allowed and for very good reason. The CO pushed him back and the guy tried to assault him. Slamming him down was not inappropriate.
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
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  4. #24
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    Re: Is this murder?

    Quote Originally Posted by Peter Grimm View Post
    Note: If you're squeamish, don't watch this video.

    Following is actual video footage of an incident that occurred at a North Carolina jail. You can see a prison guard body slam an inmate two times. You can see that the prison guard was provoked.

    The inmate never regained consciousness and died of blunt force trauma to the head after two days in the hospital. The inmate was in prison for being intoxicated at a bus stop, and the confrontation was apparently over an incident that occurred earlier in which the inmate's hand had nearly got caught in a trap door while the guard was closing it.


    My question to you: based on what you see, was the prison guard doing his job? Was he relying on his training (as he himself said) or is he using excessive force? Would you characterize what you see on film here as murder? Manslaughter? A prison guard doing his duty?


    Prison guard was protecting himself.

  5. #25
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    Re: Is this murder?

    Quote Originally Posted by MaggieD View Post
    Prison guard was protecting himself.
    With the first body slam the guard was defending himself. The victim landing on his side and the side of his head.
    The man was motionless and unconscious for the three seconds in between .
    The second body slam was violent assault on what was basically a defenseless sleeping person.
    The second body slam landed the unconscious victim on the back of his head and neck.
    Death was caused by injury to the head and neck sustained from the second slam.
    The second body slam was manslaughter.

  6. #26
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    Re: Is this murder?

    Quote Originally Posted by Buck Ewer View Post
    With the first body slam the guard was defending himself. The victim landing on his side and the side of his head.
    The man was motionless and unconscious for the three seconds in between .
    The second body slam was violent assault on what was basically a defenseless sleeping person.
    The second body slam landed the unconscious victim on the back of his head and neck.
    Death was caused by injury to the head and neck sustained from the second slam.
    The second body slam was manslaughter.
    I guess we'll see.

  7. #27
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    Re: Is this murder?

    Quote Originally Posted by Kreton View Post
    Public intoxication can get you jailed, yes. But he was not sentenced to death because of it. The inmate died because of his actions in the jail, not because of the offense that got him there. The CO's in a prison/jail are dealing with dangerous people. Maybe not all are dangerous but enough are that an inmate getting in your face like that is a threat. Inmates getting in a CO's face like that is not allowed and for very good reason. The CO pushed him back and the guy tried to assault him. Slamming him down was not inappropriate.
    There were two separate assaults made by the guard on the inmate.
    Slamming him the first time may have been appropriate and arguably could be said to be defensive .
    Slamming the unconscious victim the second time was rage induced excessive violence landing him on his head and that broke his neck.
    Manslaughter.

  8. #28
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    Re: Is this murder?

    Quote Originally Posted by Buck Ewer View Post
    There were two separate assaults made by the guard on the inmate.
    Slamming him the first time may have been appropriate and arguably could be said to be defensive .
    Slamming the unconscious victim the second time was rage induced excessive violence landing him on his head and that broke his neck.
    Manslaughter.
    I'm wrong. You're right. You won't read THAT too often on DP. Savor it.

    WAKE COUNTY, NC - Markeith Council was found guilty of involuntary manslaughter after he beat to death a prisoner in full view of security cameras on June 4th, 2013. Shon McClain never woke up from the blunt force trauma brought on by Council’s beating. In a twist of fate, Council was sent to the same correctional facility where he killed the prisoner.
    McClain was in jail on charges resulting from possession of an open container. According to the law in North Carolina, involuntary manslaughter charges are brought if someone kills a person: “without malice, premeditation or deliberation.”


    Read more at TLR: Jailer who beat inmate to death is sent to same prison where he killed a man (VIDEO) | The Libertarian Republic Jailer who beat inmate to death is sent to same prison where he killed a man (VIDEO) | The Libertarian Republic
    Follow us: @TheLibRepublic on Twitter | LibertarianRepublic on Facebook

  9. #29
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    Re: Is this murder?

    Quote Originally Posted by MaggieD View Post
    I'm wrong. You're right. You won't read THAT too often on DP. Savor it.
    I guess the jury saw it the same way that moot, Beaudreaux and I did.
    There is no legal reason to assault an unconscious person. An assault at that point is punitive or vengeful, not defensive. If that assault results in death you have a clear case of manslaughter.
    The court found him guilty of involuntary manslaughter. IMHO that was giving him the benefit of the doubt based on the danger from the number of inmates in the immediate area.
    Last edited by Buck Ewer; 06-18-14 at 08:09 PM.

  10. #30
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    Re: Is this murder?

    Quote Originally Posted by Buck Ewer View Post
    First slam, justified neutralizing of a violent inmate.
    Second slam, rage induced over the top revenge violence, picking up and slamming an unconscious man... likely the cause of his death.
    Manslaughter.
    This .

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