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Old 02-12-2015, 02:42 AM
 
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I don't see how the cop will be convicted for an accidental shooting. It's not clear what happened in the stairway, did the guy bump into the cop, did he make a sudden move, did he yell and startle the cop, etc. If he had no time to assess the situation and fired because he was startled or thought he was about to be attacked then he should be acquitted. If you are driving a car and a bee flies in and stings you and you kill someone, are you charged with manslaughter? No, it's an accident. Maybe the cop shouldn't have had his gun drawn but I would guess that is up to a cop's discretion. I think most people know this was an accident as the level of outrage was minimal. The resolution of the case will probably be an acquittal and a huge settlement from the city to his family.
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Old 02-12-2015, 06:59 AM
 
1,421 posts, read 1,943,583 times
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Quote:
Originally Posted by martinjsxx View Post
I don't see how the cop will be convicted for an accidental shooting. It's not clear what happened in the stairway, did the guy bump into the cop, did he make a sudden move, did he yell and startle the cop, etc. If he had no time to assess the situation and fired because he was startled or thought he was about to be attacked then he should be acquitted. If you are driving a car and a bee flies in and stings you and you kill someone, are you charged with manslaughter? No, it's an accident. Maybe the cop shouldn't have had his gun drawn but I would guess that is up to a cop's discretion. I think most people know this was an accident as the level of outrage was minimal. The resolution of the case will probably be an acquittal and a huge settlement from the city to his family.
I think so too. It was not even a direct shot at Gurley. He was killed off the bullet ricocheting off the wall. Apparently he was opening the door with the same hand he was holding the gun with. This was just a way for the Brooklyn DA to save face by indictING him.
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Old 02-12-2015, 07:01 AM
 
5,481 posts, read 8,579,715 times
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Quote:
Originally Posted by martinjsxx View Post
I don't see how the cop will be convicted for an accidental shooting. It's not clear what happened in the stairway, did the guy bump into the cop, did he make a sudden move, did he yell and startle the cop, etc. If he had no time to assess the situation and fired because he was startled or thought he was about to be attacked then he should be acquitted. If you are driving a car and a bee flies in and stings you and you kill someone, are you charged with manslaughter? No, it's an accident. Maybe the cop shouldn't have had his gun drawn but I would guess that is up to a cop's discretion. I think most people know this was an accident as the level of outrage was minimal. The resolution of the case will probably be an acquittal and a huge settlement from the city to his family.
The stairwell was dark and he saw the victim on the landing below him and panicked and let a shot off that ricocheted against the wall and struck the victim in the chest.

He will be convicted. First of all he broke departmental procedure by patrolling the stairwell with his gun out and finger on the trigger. Secondly the victim was unarmed and innocent. He did not attack the officer but instead was just leaving an apt with his girlfriend.

The officer was a rookie and nervous. Yes it was an unfortunate accident that stemmed from fear but it doesn't mean he should get off scott free. There's consequences to your actions. He will be convicted of manslaughter. Being scared isn't an excuse to recklessly fire off your weapon.
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Old 02-12-2015, 10:57 AM
 
725 posts, read 805,664 times
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Quote:
Originally Posted by martinjsxx View Post
I don't see how the cop will be convicted for an accidental shooting. It's not clear what happened in the stairway, did the guy bump into the cop, did he make a sudden move, did he yell and startle the cop, etc. If he had no time to assess the situation and fired because he was startled or thought he was about to be attacked then he should be acquitted. If you are driving a car and a bee flies in and stings you and you kill someone, are you charged with manslaughter? No, it's an accident. Maybe the cop shouldn't have had his gun drawn but I would guess that is up to a cop's discretion. I think most people know this was an accident as the level of outrage was minimal. The resolution of the case will probably be an acquittal and a huge settlement from the city to his family.

This is a clear case of negligent homocide and reckless endangerment if it was an accident. The cop should have never drawn his gun. Just doing this as a matter of fact without justification and pointing it at someone is assault with a deadly weapon. In addition he should never have put his finger on the trigger. That's rule like 2 in gun safety. I don't think it is healthy to worship cops or make excuses for them. If they get away with one thing they will get away with another thing, something more serious. They are in a position of power and mistakes are unacceptable. Given the level of police abuse in this country ranging from false ticketing and arrest to battery, rape and murder, you are just as likely to be harmed by cops as you are to be helped by them, no matter if you are a thug or not.
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Old 02-12-2015, 11:56 AM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,227,675 times
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Quote:
Originally Posted by deevel79 View Post
The stairwell was dark and he saw the victim on the landing below him and panicked and let a shot off that ricocheted against the wall and struck the victim in the chest.

He will be convicted. First of all he broke departmental procedure by patrolling the stairwell with his gun out and finger on the trigger. Secondly the victim was unarmed and innocent. He did not attack the officer but instead was just leaving an apt with his girlfriend.

The officer was a rookie and nervous. Yes it was an unfortunate accident that stemmed from fear but it doesn't mean he should get off scott free. There's consequences to your actions. He will be convicted of manslaughter. Being scared isn't an excuse to recklessly fire off your weapon.
Agreed. While I don't know if the cop will be convicted (I don't know all of the evidence, defenses, etc.) based on what we do know, it is certainly possible for him to be convicted of what he's charged of. Most if not all of the charges against the cop go to one being reckless; whether he intended to kill the father in the Pink Houses is irrelevant. What will certainly seal the deal is if the DA can convince a jury (I'd take a bench trial if I was the cop, but who knows what he's going to do) that the cop waited and debated his "future" with the department before calling cops. That delay, it will be argued, cost the father any chance at survival he could have had. With such an argument, any sympathy the jury could have had for a police officer patrolling a dangerous housing project goes out the window.
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Old 02-12-2015, 12:04 PM
 
6,459 posts, read 12,029,752 times
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Quote:
Originally Posted by martinjsxx View Post
I don't see how the cop will be convicted for an accidental shooting. It's not clear what happened in the stairway, did the guy bump into the cop, did he make a sudden move, did he yell and startle the cop, etc.
After he shot him, he stepped over his bleeding dying body to contact his union rep.

He offered no aid, no help, didn't even call 911.

The cop is absolute TRASH. He's worse than Darren Wilson (Mike Brown's murderer), Officer Pantelone (Eric Garner's strangler) and Timothy Loehmann (12 year old Tamir Rice's killer).

The "man" is cowardly scum.

NYPD cop gave no aid to victim after shooting: prosecutor - NY Daily News

Quote:
An NYPD rookie worried more about losing his job than the unarmed man hit by a fatal bullet he fired in a pitch-black housing project stairwell, a Brooklyn prosecutor charged Wednesday.

“I’m gonna get fired,†Officer Peter Liang told his partner after the Nov. 20, 2014, gunshot that killed Akai Gurley, according to Assistant District Attorney Marc Fliedner.

Gurley, 28, lay dying in a puddle of blood and Liang waited a full four minutes to report the accidental shooting, as he argued with his partner about their next move, Fliedner said. When the officer finally saw the wounded Gurley bleeding on the floor, Liang stepped around the man without providing CPR or any other type of medical aid.

Instead, the officer “just stood there,†the prosecutor said.
Quote:
If he had no time to assess the situation and fired because he was startled or thought he was about to be attacked then he should be acquitted.
The cop was afraid of black people. The End.

If it wasn't a grown man like Akai, he would have shot an 8 year old kid or 80 something grandmother.

The NYPD needs to do a better job of psychologically testing their cops for cowardice.
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Old 02-12-2015, 12:10 PM
 
6,459 posts, read 12,029,752 times
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Originally Posted by retiredcop111 View Post
That's the difference between being a cop and most other jobs. You make a mistake and you can kill someone.
You never killed anyone and you patrolled the city when it was truly a cesspool.

This guy was afraid. He had his hand on the trigger the entire time. Why wasn't his flashlight on?

They said he opened the stairwell door with his gun and finger on the trigger? Like WTF??

Again, where was his flashlight, so that he could see what he was doing?

This man was a coward. A gutless coward that never should have held a badge or been on the street.

Imagine if he was actually fighting a war??
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Old 02-12-2015, 12:12 PM
 
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Originally Posted by G-Dale View Post
Because the Pink Houses was such a lovely place to live prior to Bloomberg.
At least the lights would get replaced on the regular, unlike HIS administration where NOTHING would get fixed.
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Old 02-12-2015, 12:19 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,227,675 times
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Originally Posted by marilyn220 View Post

If he had no time to assess the situation and fired because he was startled or thought he was about to be attacked then he should be acquitted. If you are driving a car and a bee flies in and stings you and you kill someone, are you charged with manslaughter? No, it's an accident. Maybe the cop shouldn't have had his gun drawn but I would guess that is up to a cop's discretion. I think most people know this was an accident as the level of outrage was minimal. The resolution of the case will probably be an acquittal and a huge settlement from the city to his family.
[/quote]

In the case of the bee analogy, if that's all that happened, one likely wouldn't be charged with involuntary manslaughter. But, if on the other hand one was speeding and otherwise reckless when the bee came through the open window and one subsequently hit and killed someone--and the bee merely exacerbated the situation--one can certainly be charged and convicted of manslaughter.

But that's the point of involuntary manslaughter. The act of involuntary manslaughter is, by generally accepted definition, an accidental killing. And, like it or not, some accidents have criminal consequences. What is important here is whether was was reckless. In this case, the cop broke department protocol and generally accepted practice in having his finger on the trigger and weapon exposed how it was while on patrol. That's key to an argument that the cop recklessly caused the father's death. Now I'd agree that a manslaughter conviction isn't a slam dunk here, but other charges, including reckless endangerment (two counts) and official misconduct (two counts) are easier to prove based on the known facts; if the DA's narrative is correct, though, I still predict a manslaughter conviction as the cop would likely get no sympathy with a judge or jury for the dangerous nature of his work if its true that he debated and waited precious minutes before calling the shooting in. Thus, I don' see how this cop walks.
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Old 02-12-2015, 12:21 PM
 
6,459 posts, read 12,029,752 times
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Originally Posted by prospectheightsresident View Post

In the case of the bee analogy, if that's all that happened, one likely wouldn't be charged with involuntary manslaughter. But, if on the other hand one was speeding and otherwise reckless when the bee came through the open window and one subsequently hit and killed someone--and the bee merely exacerbated the situation--one can certainly be charged and convicted of manslaughter.

But that's the point of involuntary manslaughter. The act of involuntary manslaughter is, by generally accepted definition, an accidental killing. And, like it or not, some accidents have criminal consequences. What is important here is whether was was reckless. In this case, the cop broke department protocol and generally accepted practice in having his finger on the trigger and weapon exposed how it was while on patrol. That's key to an argument that the cop recklessly caused the father's death. Now I'd agree that a manslaughter conviction isn't a slam dunk here, but other charges, including reckless endangerment (two counts) and official misconduct (two counts) are easier to prove based on the known facts; if the DA's narrative is correct, though, I still predict a manslaughter conviction as the cop would likely get no sympathy with a judge or jury for the dangerous nature of his work if its true that he debated and waited precious minutes before calling the shooting in. Thus, I don' see how this cop walks.

That wasn't MY post you quoted.

Just wanted to clarify.

I don't believe he should be acquitted. He should do prison time for being an inept self-serving coward.
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