SC - Walter Scott, 50, fatally shot by North Charleston PD officer, 4 April 2015 - #1

[MyBelle]

Mr. Santana had it in his custody during this time so why would it be difficult to establish chain of custody?

Can he prove that? no. Phone videos can be edited.

JMO

 

[Cubby]

I think the problem with the video is going to be that Santana didn't turn it over right away. It will be difficult to establish chain of custody. I also don't buy his story that he didn't start recording until after the physical altercation ended. Very convenient that he left that out.

JMO

No doubt that is an argument which will be made by the defense. Though, I don't know that chain of custody will have any relevence in regards to the video. The defense will try and discredit Santana, though, I don't know if anything exists which would discredit Santana......

 

[MyBelle]

This is a serious question. Is it really legal anywhere in the world to shoot a person in the back? How can a person be considered a threat to you if they are running away from you?

Even if Scott did grab for the taser, it was not any threat to the officer. The taser had already been deployed, and the electrodes were in Scott's body somewhere. He would have had to unhook the electrodes from himself (painful - I've had to remove them from inmates before), then figure out how to reload them into the taser and then fire it at the officer and hope he'd done it right. This was not an imminent threat to the officer in any way.

Had he shot him DURING the scuffle over the taser, I would feel that was justified.

In Michael Brown's case, I feel really sad that a young man died, but the fact is he broke the law by stealing the cigars, then attempted to get the officer's weapon, and then came at the officer in an aggressive manner. His behavior led the officer to believe there was imminent danger to his own life. It sucks, and I think the officer overreacted, but I still feel it was justified. What bothered me about the circumstances there is that it turned into a fiasco about bad cops and racism when that wasn't really what happened there. And unfortunately bad cops and racism do exist and a spotlight does need to be shined upon them, but the Brown case was not the example to use. This situation, however, illustrates exactly what the Ferguson protesters were angry about. Fortunately it appears there will be consequences for this officer and hopefully the protests won't be necessary.

BBM. You might have a different perspective if you were the police officer on the ground entwined in a struggle with an angry man.

JMO

 

[MyBelle]

No doubt that is an argument which will be made by the defense. Though, I don't know that chain of custody will have any relevence in regards to the video. The defense will try and discredit Santana, though, I don't know if anything exists which would discredit Santana......

If the prosecution wants to introduce the video as evidence at trial, chain of custody and Santana's delay in turning it over will be something a Judge can not ignore. The defense will have no problem attacking the credibility of Santana. His story isn't believable but he sure seems to be enjoying all the attention.

JMO

 

[MyBelle]

Mr. Scott was running away as fast as he could. Clearly at the time Mr. Scott was shot, police officer couldn't possibly fear for his safety.
He could argue he was somehow worried about public's safety, but it's going to be a tough sell.
Especially considering tape shows a what appears to be taser moved and dropped next to Mr. Scott's body (evidence tampering).

How is it evidence tampering? It was Slager's taser and he didn't alter it, conceal it or destroy it. He left it next to the body that had the taser probe protruding from it.

JMO

 

[Brightbird]

If the prosecution wants to introduce the video as evidence at trial, chain of custody and Santana's delay in turning it over will be something a Judge can not ignore. The defense will have no problem attacking the credibility of Santana. His story isn't believable but he sure seems to be enjoying all the attention.

JMO

That's more an indication of the lengths a defense team will go to to win a case. They too have vested interests.

 

[AlwaysShocked]

I will be surprised if there isn't some form of sentence handed down to Slager. While I believe Scott was culpable by resisting arrest, the overwhelming appearance of excessive force by Slager gives me pause. I have heard snippets of the interviews with the man that shot the video. Has his account of what happened remained consistent?

Funny that you should ask that. I went back and watched the very, very first time he was interviewed and then watched two of the later interviews. To me, it seemed to have changed slightly in later interviews. BUT English does not seem to be his native language, and the way he phrases some of the things he says is confusing. Plus, some of the interviewers seem to be almost "putting words in his mouth" when he is having trouble expressing himself.

The earliest interview that was done, he was standing outside - I think near where the incident took place - with the interviewing reporter standing next to him. Other interviews I watched, he was indoors, seated in a chair across from a guy. Then two where he is behind a desk it looked like.

I'd appreciate hearing from anyone else who has looked for and watched them all. Does his story change?

 

[Greater Than]

BBM. You might have a different perspective if you were the police officer on the ground entwined in a struggle with an angry man.

JMO

Where are you getting that Scott was angry from? IMO he was scared. He was scared he was going to jail for not paying child support.

The angry man was the one who shot, and shot, and shot, and shot, and shot, and shot, and shot, and shot an unarmed scared man from behind.

 

[Zuri]

How is it evidence tampering? It was Slager's taser and he didn't alter it, conceal it or destroy it. He left it next to the body that had the taser probe protruding from it.

JMO

Interesting you should say this. A high ranking FBI official stated in an interview that the taser should never have been moved to next to Scott. That was considered evidence tampering. Also, Slager should have pursued Scott by running after him, not shooting him. The agent stated that they photograph crime scenes and the evidence should always remain where it landed and not moved. It helps tell the story of what went down. IMO

 

[MyBelle]

Funny that you should ask that. I went back and watched the very, very first time he was interviewed and then watched two of the later interviews. To me, it seemed to have changed slightly in later interviews. BUT English does not seem to be his native language, and the way he phrases some of the things he says is confusing. Plus, some of the interviewers seem to be almost "putting words in his mouth" when he is having trouble expressing himself.

The earliest interview that was done, he was standing outside - I think near where the incident took place - with the interviewing reporter standing next to him. Other interviews I watched, he was indoors, seated in a chair across from a guy. Then two where he is behind a desk it looked like.

I'd appreciate hearing from anyone else who has looked for and watched them all. Does his story change?

His story is inconsistent with the other witness who said she also saw the scuffle at the entrance to the park and that words were exchanged. It is though Santana has been coached with answers. But not for a minute do I believe his story that he only started the video after the scuffle took place.

I think the video of the scuffle was intentionally edited out because it was favorable to Officer Slager. I'm wondering if any cop saw him taping and asked for the video at the scene and if he refused.

JMO

 

[Greater Than]

Okay. That's it. No more for me.

The conspiracy theories have reached beyond the point of ridiculousness. MOO

 

[LietKynes]

I think the problem with the video is going to be that Santana didn't turn it over right away. It will be difficult to establish chain of custody. I also don't buy his story that he didn't start recording until after the physical altercation ended. Very convenient that he left that out.

JMO

SABBM

Wow. Never considered that.
Just.... Holy S__T.

:moo:

 

[dodie20]

Can he prove that? no. Phone videos can be edited.

JMO

and experts can detect editing. so no problem.

 

[AlwaysShocked]

Has Santana at this point turned that phone over to law enforcement authorities? Because if he did erase video there would be the possibility that it could be forensically recovered.

IMO Santana came across as "hesitant" in many of his answers. But I was trying to give him the benefit of the doubt about his hesitations since there is an obvious language barrier. Long pauses become hard to judge. He could have just been trying to think of the correct English terms for what he wanted to say.

But he very clearly said that he saw them "on the floor" - which to us would be "on the ground".

 

[popsicle]

His story is inconsistent with the other witness who said she also saw the scuffle at the entrance to the park and that words were exchanged. It is though Santana has been coached with answers. But not for a minute do I believe his story that he only started the video after the scuffle took place.

I think the video of the scuffle was intentionally edited out because it was favorable to Officer Slager. I'm wondering if any cop saw him taping and asked for the video at the scene and if he refused.

JMO

BBM Actually, yes. A LEO asked him to wait in a specific area after Santana said he had recorded it. Santana said he ran off because he didn't want them to take his phone with the video on it. jmo

 

[dodie20]

His story is inconsistent with the other witness who said she also saw the scuffle at the entrance to the park and that words were exchanged. It is though Santana has been coached with answers. But not for a minute do I believe his story that he only started the video after the scuffle took place.

I think the video of the scuffle was intentionally edited out because it was favorable to Officer Slager. I'm wondering if any cop saw him taping and asked for the video at the scene and if he refused.

JMO

This is why people are leery of coming forward with information. 1st of all, in a situation like this, I'd be scared I'd get murdered by the cop, (he has been charged with murder, so being scared of him is reasonable), and 2ndly, too many people call witnesses liars and accuse them of being dishonest. But as soon as a case comes up and witnesses Don't come forward, these same people accuse them of being cowards and whine about them Not helping LE solve the case... It's a lose/lose situation. moo

 

[popsicle]

It is one thing to come forward with information but why give interview after interview? I don't understand that personally.

 

[Cubby]

and experts can detect editing. so no problem.

They can also compare phone records as to what time the call Santana was on ended and tbe time tbe video started.

 

[al66pine]

.... It looked like the medics were removing taser wire when then were putting combine gauze on his back. There may have been a grab for the taser, or what Slager interpreted as a grab.
Maybe it was Mr. Scott trying to knock it out of his hand....

bbm

If Scott actually made a "grab for the taser" or was "trying to knock it out of his hand"
and taser was knocked from LEO's hand, prob'ly hit the ground, then Scott took from his hand (imo).

SC statute:
"Section 16-23-415. Anindividual who takes a firearm, stun gun, or taser device from the person of a law enforcement officer or a corrections officer* is guilty of a felony and, upon conviction, must be imprisoned for not more than five years, or fined not more than five thousand dollars, or both..." bbm

Either of the two above actions by Scott seems to be a felony or attempted felony (imo) .

When "individual who takes...taser device from the person" of LEO (hand, duty belt?), under SC statute
must individual who takes taser, continue keeping it in his own hand, put it in his own pocket, or glove box, etc.
for his actions to constitute felony? IDTS, (imo) .

Why make a grab for LEO taser or try to knock it out of LEO's hand?
To deprive LEO of weapon, even momentarily so it cannot be used.
It seems Scott's actions caused the very harmful result that the statute was intended to address,(imo) .

Was he resisting arrest? At that point, in running, was Scott a fleeing felon?

______________________________________________________________________________________________
* "...if all of the following circumstances exist at the time the firearm is taken:
(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;
(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer's or corrections officer's professional responsibilities;
(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer;
(4) the law enforcement officer is authorized by his employer to carry the weapon in the line of duty; and (5) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon while off duty and has identified himself as a law enforcement officer."
http://www.schouse.gov/sess116_2005-2006/bills/4301.htm

 

[MyBelle]

This is why people are leery of coming forward with information. 1st of all, in a situation like this, I'd be scared I'd get murdered by the cop, (he has been charged with murder, so being scared of him is reasonable), and 2ndly, too many people call witnesses liars and accuse them of being dishonest. But as soon as a case comes up and witnesses Don't come forward, these same people accuse them of being cowards and whine about them Not helping LE solve the case... It's a lose/lose situation. moo

Yet as the shots were blazing, Santana wasn't too scared to move closer and closer, with video still rolling after Scott was on the ground until he was just feet away from two armed police officers. Yeah, that sounds like he was really scared for his own safety.

JMO