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dellaroccokcmoAndy Cush
1/06/16 10:27am
We have great confidence in 12 jurors and are unshaken in our belief that this case was a terrible accident that never fit the definition of manslaughter

Isn’t that the definition of manslaughter? Lets see:

The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice
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  IskaralPustdellaroccokcmo
  1/06/16 10:35am
  That definition is for voluntary manslaughter (the elements of which vary from state to state, though I will assume you’re using the New York definition), and includes the word “intentional.” An intentional act is by definition not an accident.
  
  I’m not sure if the officer was charged with involuntary or voluntary manslaughter. The former only requires (typically) criminal negligence, which is still a much higher level of culpability than ordinary civil negligence. If the charge is for involuntary manslaughter, I assume the lawyer is simply saying that the accident was not based on sufficiently negligent conduct.
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  burps25IskaralPust
  1/06/16 10:51am
  I think he’s saying it wasn’t reckless, nor intentional. If anything, negligent homicide would fit best based on the actual confirmed facts. The gun went off, it bounced around. The only way it could have gone off is in someones hand, and if it wasn’t deliberately fired, he would have been violating protocol, making it negligent.
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burps25Andy Cush
1/06/16 10:45am
“We have great confidence in 12 jurors and are unshaken in our belief that this case was a terrible accident that never fit the definition of manslaughter and should never have led to an indictment.”

He’s correct, it doesn’t fit the definition of manslaughter in the first degree. Second degree, possibly, but you’d have to establish that he was reckless in his actions, rather than negligent. Reckless requires the accused to know and understand the risk and act anyway, while negligence would mean the accused is not aware of any risk a reasonable person would understand, and carries out the action without intent.

Basically, did he fire as a warning shot (reckless), or his finger slipped while opening the door because he wasn’t following protocol (negligence)?
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  benjaminalloverburps25
  1/06/16 11:14am
  Reckless requires the accused to know and understand the risk and act anyway
  
  How does a trained police officer firing a gun into a dark stairwell not fit this definition? That’s not even considering the recklessness of standing around arguing about a cover story when the guy is laying there bleeding to death.
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  burps25benjaminallover
  1/06/16 11:22am
  How does a trained police officer firing a gun into a dark stairwell not fit this definition?
  
  It depends how the gun was fired. Did he knowingly pull the trigger to fire a warning shot, or at something he thought was a target, or, did it go off accidentally when he was opening the door because his finger slipped inside the trigger guard?
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ThenSAAndy Cush
1/06/16 10:28am
Having served on 5 different juries in my life, I offer this advice, if you are guilty of a crime, always choose a trial by jury.
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  Low Information BoaterThenSA
  1/06/16 10:32am
  I had my first jury duty experience, last year. Good lord, in a city of millions it shouldn't be that hard to find 12 people who can understand basic concepts like "if you agree that the defendant's actions met every element of the charge, and no affirmative defense was offered, he is, by your own logic, guilty."
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  ThenSALow Information Boater
  1/06/16 10:34am
  I would be happy with 12 people who can understand, “Please remove all metal from your pockets!”
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ReburnsABurningReturnsAndy Cush
1/06/16 10:31am
We have great confidence in 12 jurors and are unshaken in our belief that this case was a terrible accident that never fit the definition of manslaughter and should never have led to an indictment.

Translation: This is an obvious open and shut case to a judge, but we’re going to pray for a miracle in the jury pool and hope to hell we can confuse the 12 poor sods who get selected to hear this case.

Also, isn’t one of the primary purposes of manslaughter to be the crime people are charged with when their “terrible accidents” kill another person?
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GeorgeGeoffersonLivesAndy Cush
1/06/16 10:34am
I love how for law enforcement “Oops! I’m sorry.” is enough of a punishment for manslaughter time and time again. Hell, people who have actual accidents with guns - even when they don’t end up shooting people - are regularly charged for recklessness stemming from the discharge of their weapons.

If this was an actual accident, this is manslaughter. If this was a purposeful “I feared for my life” shooting, then it can be a murder case and he can use that defense in court. Either way, this belongs in the courts.
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IskaralPustAndy Cush
1/06/16 10:43am
“Because Thompson declined to indict Willie Groomes, a retired New York City correction officer who shot and killed an unarmed man on a subway platform last year, they argued, he should not indict Liang, either.”

That kind of selective enforcement/vindictive prosecution claim almost never succeeds, given the nearly absolute charging discretion possessed by the state. If such claims were viable, they would be an enormous boon to male black defendants, and very rarely, given actual indictment statistics, helpful to the police.
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audenAndy Cush
1/06/16 1:09pm
I *almost* feel sorry for him, as I know that the police department are letting him be the fall guy, after so many white officers have gotten off after killing black people. An Asian rookie? Sure, we’ll let him go down.

But...he really f*cked up. I mean, damn. He did things even *I* know not to do and I’m just some shmoe who goes to the firing range occasionally. He has very specific and detailed training with firearms and disregarded some really basic safety rules.
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flamingolingoAndy Cush
1/06/16 11:02am
Well he’s not white, so maybe there’s a chance he’ll be convicted.
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