BBM. Sure. The prosecutor would simply argue that a seatbelt equipped van SHOULD HAVE been called, and that the officers were criminally responsible for not doing so, and waiting for one to arrive. (Since the seatbelt "rule" was a few days old.)
I think the bottom line, IMO, is that the prosecutor is quite determined to criminally prosecute and convict these 6 officers, no matter what the evidence will show (or not), or what the laws are, or anything else. They are clearly, IMO, being scapegoated. There is no end to what can be achieved with verbal and legal gymnastics when there is a determined effort to scapegoat someone. Now we see that the justifications have evolved to include language that the simple act of putting FG in the van made the van an "instrumentality" of each of them.
There is simply no way, IMO, for officers to effectively police under these circumstances. They can't do anything "right" in the present climate. There is nothing at all they can do that will not be characterized as "excessive force". The cannot make a single arrest, or talk to anyone. Their mere presence is abusive. Even just riding around in their patrol cars is characterized as menacing.
I feel tremendously sorry for good officers who have to continue to go to work in these circumstances, because they need a paycheck and are trapped.
