subrosaDom
Posts: 724
Joined: 2/16/2014 Status: offline
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quote:
ORIGINAL: Gauge quote:
ORIGINAL: cloudboy My point is that shooting six bullets into the unarmed victim is a damning fact. It's a bit like Res ipsa loquitur in a tort case. I lay down my tent pole here. I suspect more is at play implicating the police department, and that less will be available to exonerate the officer in the shooting. If you were this officer's defense attorney --- the six shots into the unarmed, 18 year old victim would be the most difficult fact to explain. I don't see how you can do it. There is a simple problem, you are using a post hoc logical fallacy: because 6 shots were fired then it was homicide. The kid was shot, the cop shot him, it was homicide, is jumping to a conclusion. I can easily explain several ways it could happen. 1. It was, in fact, a homicide and the cop executed this kid. 2. The kid got into a scuffle with the cop, the cop panicked and shot the kid multiple times. Excessive force was used. 3. The kit assaulted the cop, went for his gun, it was fired once, the kid ran away and turned around to surrender and the cop thought there was a weapon in his hand and defended himself. Questionable shooting, but not unreasonable seeing that the kid went for the weapon to begin with. 4. The kid assaulted the cop, the gun went off, the kid ran, and then went for the cop again, the cop felt he was in danger, he fired his weapon multiple times because the kid never stopped charging. 5. The kid was higher than a kite on PCP and thought the cop was Barney the Purple Dinosaur. The kid hated Barney and wanted to kill the cop. If I can just rattle these scenarios off the top of my head and if I spent more time thinking about it I could come up with a few more, why is your explanation the only one that fits? The thing speaks for itself (Res Ipsa Loquitor) is not always the case, especially in a criminal investigation where that doesn't even apply. There is way to much reasonable doubt at this point to say anything either way. If you want to try this guy before the investigation is over, that is your prerogative. I just hope that you are never in a situation where you have killed someone and it really looks like it was homicide, but in reality it was an accident or self-defense, and that everyone around you convicts you before your trial. It is a shitty thing to do to someone that may well be innocent of a crime. Do as you wish, but for my way of thinking, I will wait until the investigation is complete to form an opinion. Nice to see some ACTUAL logic. I should add there is another possibility. There will never be enough evidence adduced to know for sure. Which of course constitutes reasonable doubt, which is neither innocence nor guilt, even though most regard it as the former.
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The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently. - Nietzsche
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