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You need to retake the Crim Law portion of the bar (or your Crim Law class, more likely). Even murder does not require "intent to kill." In fact, Maryland's 2nd degree murder statute (one officer) reads:
"A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree."
Murder in the first reads:
"(a) In general.- A murder is in the first degree if it is: (1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate: . . . . [Felony Murder Rule]"
In short, Maryland is on the old common law homicide system with the Pennsylvania degree method. Second degree murder can be a killing with:
1) intent to kill
2) intent to inflict serious bodily injury
3) "depraved heart"--carrying out an act with callous disregard for the risk to human life
Manslaughter, by contrast, is negligently causing a death.
So the prosecutor just has to prove negligence for 5 officers, and "depraved heart" for the sixth--namely, the driver.
For the safety of officers and detainees, police are instructed to secure detainees with the seatbelt in these metal vans. Additionally, the officers are alleged not to have sought medical help even though it was repeatedly requested.
The story of the case sounds like a "rough ride" to me.
Ding-ding-ding, correct. And therefore it is evidence of manslaughter.
Wouldn't the guy in the van with him who said he heard him banging his head against the wall also have been subjected to the rough ride? I know the guy is backtracking on what has been reported, but he still maintains he heard Freddie thrashing around in the compartment next to him. Does that mean that there was possibly a cop in there with him, thrashing him around? Because it can't mean the driver was making it a rough ride since the other guy wasn't subjected to it. Surely he would have said something to the effect that the van was all over the road or something.
Fortunately, she evidently has been handed an egregious open and shut case of manslaughter or murder, assault, and other charges against multiple bad cops. The system should provide justice, and the criminals ought be very, very afraid no matter what kind of uniform they customarily wear.
She way over charged the cases and most will be reduced or dropped altogether. There will possibly be some minor jail time, lost of careers, and some suspensions.
After all is said and done, Freddie the criminal has permanently retired...
Nothing is done to the cops. It's not O.K. to have cops out there beating people up and then when it was found they did wrong to just pay people off with the taxpayers money.
It was a pocket knife and maybe he has taken one of these "rides" in the past and didn't want to again. From the reports he wasn't the brightest guy around. People naturally run from bullies. The neighborhood bully beats you up you go the other way when you see him coming.
DO we know that to be the case here? No, but we do know that the Baltimore police were known for this kind of stuff. We also can't ask him now.
She way over charged the cases and most will be reduced or dropped altogether. There will possibly be some minor jail time, lost of careers, and some suspensions.
After all is said and done, Freddie the criminal has permanently retired...
Wow, how nice to have an omniscient narrator to let us know what happened.
Back here in the real world, maybe we better see how the evidence shakes out in judicial proceedings.
Wouldn't the guy in the van with him who said he heard him banging his head against the wall also have been subjected to the rough ride? I know the guy is backtracking on what has been reported, but he still maintains he heard Freddie thrashing around in the compartment next to him. Does that mean that there was possibly a cop in there with him, thrashing him around? Because it can't mean the driver was making it a rough ride since the other guy wasn't subjected to it. Surely he would have said something to the effect that the van was all over the road or something.
Well, this claim this prisoner said this self-inflicting injuries of Gray isn't corroborated by THAT person..here's his interview last evening~~
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