Reply #52: So...

[Piewhacket]

we are supposed to assume it was an accident, a harmless mistake? A "WTF?" deal?

My own feeling is an officer who stands his prisoner wobbling on the edge of a tall building,
then turns away to answer his cellphone as his prisoner plunges to his death
is NOT going to overly impress a either a prosecutor or jury (or me) with a "WTF?" defense.

But whether the officer intended the prisoner to plunge to his death, or merely didn't
give a F* about the grave peril he created is fairly something that should be put before
a jury.

And whatever the outcome, citizens are not required to permit such a man to wear a badge,
for reckless disregard for the value of human life is no standard for a police officer.
And those who hired, trained, and supervised this officer should also be examined,
whether they implicitly or explicitly condoned the officer to conduct himself
improperly, or aided and abetted illegal conduct.

In THIS case of the police shooting of Oscar Grant on New Years day 2009 we have gone
beyond debate of some questions. This is no negligent discharge case, it is a homicide.
There is no doubt the officer shot and killed a man in custody. The video demonstrates,
beyond any doubt, the officer deliberately pulled his weapon with the intention of using it on
the prisoner, jerked on it twice to get it out of its holster, deliberately pointed it at the prisoner
and fired, killing him. There is no question of a deliberate and willful act, or of the proof of it.
ND? Hardly. There is ample here for a charge up to willful murder.

Yet you have raised the question, WTF was the officer thinking????
Indeed, your point is well made. Do you suppose the officer will testify about what
he was thinking? Because I can think of some questions he should be asked.