GA - Rayshard Brooks, 27, fatally shot by Police, Wendy’s lot, Atlanta, 12 Jun 2020 #2

[Rocky1]

I would like more clarity on that question.

I just looked at the Grand Jury testimony of the Michael Brown case, and the officer laid out his version of what happened, second by second.

But that prosecutor didnt think he should be charged. He brought it before the Grand Jury out of tremendous pressure by BLM and some of the community. But he allowed Officer Wilson to describe what happened, minute by minute.

I am sure DA Howard doesn't want that to happen. I wonder who has the final say? If the jurors have questions, can they go ahead and submit them?

I remember the Michael Brown case, but I didn't follow it here.
When you say the prosecutor didn't think he should be charged, did he say that himself? If so, did he say why? The job of a prosecutor is not only protect the public and to convict someone of a crime, but it's also to drop charges against someone if he/she feels there's not enough of evidence to prosecute.
If the prosecutor allowed Officer Wilson to describe what happened minute by minute, chances are he asked an open ended question like for example, "tell the jury what happened"
Of course we don't know what the prosecutor is going to ask in this case, but my guess is he will lean more towards leading questions where he will ask a question that will only require a yes or no answer. That will keep Rolfe from telling the entire story that may lean toward a no bill and dismissal.
The prosecutor will ask questions, and then the jury will ask questions after. The jury can ask any questions they want.
The jury has the final say.
This is not a trial. This is a hearing to determine not guilt or innocence, but to see if there's enough evidence to show probable cause that the crime he's being charged with was committed.

 

[katydid23]

I remember the Michael Brown case, but I didn't follow it here.
When you say the prosecutor didn't think he should be charged, did he say that himself? If so, did he say why? The job of a prosecutor is not only protect the public and to convict someone of a crime, but it's also to drop charges against someone if he/she feels there's not enough of evidence to prosecute.
If the prosecutor allowed Officer Wilson to describe what happened minute by minute, chances are he asked an open ended question like for example, "tell the jury what happened"
Of course we don't know what the prosecutor is going to ask in this case, but my guess is he will lean more towards leading questions where he will ask a question that will only require a yes or no answer. That will keep Rolfe from telling the entire story that may lean toward a no bill and dismissal.
The prosecutor will ask questions, and then the jury will ask questions after. The jury can ask any questions they want.
The jury has the final say.
This is not a trial. This is a hearing to determine not guilt or innocence, but to see if there's enough evidence to show probable cause that the crime he's being charged with was committed.

I hope the jury asks some open ended questions.

One thing we see in Grand Juries, that is different from regular trial juries, is that the Grand Jurors often know a lot about the local cases they are hearing about. Unlike trial jurors, they are not automatically dismissed from the panel if they have seen a lot of news about the case.

They are 'professional' jurors in some ways. They know what they are doing. So I think they will have some questions for this officer, beyond the close ended ones this DA will ask him.



As to the bolded:

Robert P. McCulloch, the elected prosecuting attorney for St. Louis County, was in charge of the prosecution but did not participate in the direct handling of the grand jury hearing. It was handled by two Assistant Prosecuting Attorneys of McCulloch's office: Kathi Alizadeh and Sheila Whirley.

A St. Louis County grand jury declined to indict Wilson, who later resigned. Critics accused McCulloch, who is white, of skewing the investigation in favor of the officer.

But McCulloch, an ardent police supporter, became a target of critics who unsuccessfully demanded he recuse himself from the Brown case, citing his family history. Several of his relatives worked for the St. Louis police department, including his father, who was fatally shot by a black suspect when McCulloch was 12.

Prosecutor who handled Michael Brown shooting loses Democratic primary

 

[Curiosity1234]

“Brooks: I just wanted me a burger.
Officer: But no margaritas at all today.
Brooks: Just a daiquiri.
Officer: Just a daiquiri?
Brooks: Yes
Officer: Alright.
Brooks: For Natalie White. That's my girlfriend.
Officer: And you haven't drove your vehicle at all?

11Alive has reached out to the Brooks family attorney and Atlanta Fire to confirm whether they are the same woman. Neither has responded.“



Natalie White: Rayshard Brooks mentioned the name to police. It just came up again in a warrant

 

[Mandos]

Interesting thing is last year a very similar incident happened in Georgia where a suspect grabbed and used an officer's taser against him, and was shot in return (the suspect survived). In that case it was ruled a justified shoot.

GBI: Man shot by Dalton Police after trying to use officer's stun gun on him

The only difference in that case was that the suspect was advancing on the officer, not running away, while firing the taser.

 

[Curiosity1234]

“Brooks: I just wanted me a burger.
Officer: But no margaritas at all today.
Brooks: Just a daiquiri.
Officer: Just a daiquiri?
Brooks: Yes
Officer: Alright.
Brooks: For Natalie White. That's my girlfriend.
Officer: And you haven't drove your vehicle at all?

11Alive has reached out to the Brooks family attorney and Atlanta Fire to confirm whether they are the same woman. Neither has responded.“



Natalie White: Rayshard Brooks mentioned the name to police. It just came up again in a warrant

Of course the Brooks family attorney isn't going to respondif they do it'll be either they never heard of Natalie White or she is an old family friend after all RB was a devoted husband, and father.

Interesting thing is last year a very similar incident happened in Georgia where a suspect grabbed and used an officer's taser against him, and was shot in return (the suspect survived). In that case it was ruled a justified shoot.

GBI: Man shot by Dalton Police after trying to use officer's stun gun on him

The only difference in that case was that the suspect was advancing on the officer, not running away, while firing the taser.

RB turned towards Officer Rolfe while he was running away and fired the taser. I hope the jury gets it, that RB's torso was not consistently facing forward.

 

[Curiosity1234]

Of course the Brooks family attorney isn't going to respondif they do it'll be either they never heard of Natalie White or she is an old family friend after all RB was a devoted husband, and father.

RB turned towards Officer Rolfe while he was running away and fired the taser. I hope the jury gets it, that RB's torso was not consistently facing forward.

I just read online that CO just passed legislation that prohibits chokeholds and shooting at a fleeing suspect. Officers would be required to report anyone they stop. Officers would be required to report their brothers in blue for wrong doing. LE can be held personally responsible for up to $25,000 for violating someone's civil rights. There are other changes too.

 

[oceanblueeyes]

I remember the Michael Brown case, but I didn't follow it here.
When you say the prosecutor didn't think he should be charged, did he say that himself? If so, did he say why? The job of a prosecutor is not only protect the public and to convict someone of a crime, but it's also to drop charges against someone if he/she feels there's not enough of evidence to prosecute.
If the prosecutor allowed Officer Wilson to describe what happened minute by minute, chances are he asked an open ended question like for example, "tell the jury what happened"
Of course we don't know what the prosecutor is going to ask in this case, but my guess is he will lean more towards leading questions where he will ask a question that will only require a yes or no answer. That will keep Rolfe from telling the entire story that may lean toward a no bill and dismissal.
The prosecutor will ask questions, and then the jury will ask questions after. The jury can ask any questions they want.
The jury has the final say.
This is not a trial. This is a hearing to determine not guilt or innocence, but to see if there's enough evidence to show probable cause that the crime he's being charged with was committed.

Happy Father's Day to all of our WS dads!

That may be true. However if he testifies the grand jurors are also allowed to ask their own questions.

Imo, they wont just ask yes or no questions. In fact being a GJ myself, and also a juror on several criminal cases, jurors become frustrated at times with just yes or no questions. Imo they logically want a longer explanation so they will know why the question was yes or no. In all of the cases during the trial I've been a juror the judge did allow the witness to further explain.

Now I know it's different in GJ room, but I do believe the grand jurors themselves will have their own questions, and will allow him to explain each one they ask.

While the DA wants it to look only one way the GJs will want more information than just yes or no questions before rendering their decision.

Thank goodness they are allowed to ask their own questions, and can decide, and request to hear from other witnesses too if they so choose to do so.

Imo, I think his grand jurors will have plenty of questions of their own for OR if he testifies.

After all they are being asked to indict on capital murder charges, and not a traffic ticket.

Jmho

 

[iluvmua]

Wow! I just watched a video someone posted on the HLN Facebook page.......

The DA was recorded on video saying to a protester about why he was at the scene: Then I will step out of the way and you go ask them then White Woman with your White Privilege".

 

[Abp5]

Wow! I just watched a video someone posted on the HLN Facebook page.......

The DA was recorded on video saying to a protester about why he was at the scene: Then I will step out of the way and you go ask them then White Woman with your White Privilege".

Very interesting. The man on the video isn’t the current DA, although I think I may have heard his voice off camera. The man on the video is Christian Wise Smith. He is a former assistant DA and was running for DA. He did not make the run off.

 

[Deleted member 39678]

Georgia Code Title 17. Criminal Procedure § 17-7-52

(e) After being sworn as a witness but prior to being asked any questions by the prosecuting attorney or the grand jurors, the officer may make such sworn statement as he or she shall desire.

Rolfe can give a swore statement to the Grand Jury telling them exactly what happened.

Georgia Code Title 17. Criminal Procedure § 17-7-52 | FindLaw

 

[iluvmua]

Very interesting. The man on the video isn’t the current DA, although I think I may have heard his voice off camera. The man on the video is Christian Wise Smith. He is a former assistant DA and was running for DA. He did not make the run off.

Did you find the video I was talking about?

 

[Abp5]

Did you find the video I was talking about?

Yes, I believe so. It was in the comments section of the HLN post of the officer’s mug shots. The man speaking has glasses and facial hair. You can see the gas station in the background. Is that the correct video?

 

[iluvmua]

Yes, I believe so. It was in the comments section of the HLN post of the officer’s mug shots. The man speaking has glasses and facial hair. You can see the gas station in the background. Is that the correct video?

Yep, that's the one

 

[Abp5]

I have not been able to find a video of the press conference. I will post if I can locate it.

“Atlanta police union held a news conference Sunday calling for a special prosecutor to be named in the Rayshard Brooks case.

The International Brotherhood of Police Officers were joined by several state leaders, including Rep. Doug Collins and Georgia Senate Majority Leader Mike Dugan, at police headquarters.“

Police union, state leaders call for special prosecutor in Rayshard Brooks case

 

[lisaNYC]

I sure hope LE is putting pressure on the people who are hiding Natalie White.

 

[GoBuckeyes]

IMO, the only reason a DA wouldn't wait is because he feels he has enough evidence to obtain a conviction. It's not only the job of a prosecutor to convict, it's his/her responsibility to protect the innocent and to dismiss charges when it's appropriate. There are standards a prosecutor is held to uphold.
In this case, IMO, the evidence is weak, so I'd have to say the only reason he didn't wait is because the city would have burned if he didn't. The other reason I won't say because we are not allowed to discuss politics in regards to this case.

As far as indictment goes, the state can indict, and the grand jury can indict as well.
The word "indict" is another term for charging someone, or accusing.
The grand jury has the final say before trial. If they feel there's enough evidence to "indict" they will return a "true bill" and then the defendant is "indicted" by the grand jury. The case then goes to trial.
If the jury feels there isn't enough evidence to support the charges, then they will return a "no bill" and the case will be dismissed.

Any felony murder indictment is required to be heard by a grand jury in GA. before trial.
Only about half the states in the US use a grand jury, and Ga. is one of those states.

His tenure in his current position is ending in a couple weeks. There are 2 people challenging him for that position, and it's not looking too good. He's not expected to win. And he's fighting to stay on the right side of those prison bars himself. AMOO

Financial & Ethics Violations
Atlanta Mayor Kasim Reed's Quid Pro Quo With DA Paul Howard

Fulton DA Howard accused of 12 public disclosure violations


From U.S. News and World Reports
Ethics Commission Accuses Fulton DA of Disclosure Violations

Recent Allegations and Suits For: Sexual Harassment, Sexual Assault, Unwanted Advances, Retaliatory Firing, etc.

Federal Suit by Former Staffer Accuses Fulton DA of Harassment, Retaliation

Administrator alleges DA Paul Howard sexually harassed her

Fulton DA facing another harassment lawsuit

DA Paul Howard Seeks Seventh Term Amidst Controversy

From the GBI

GBI Says D.A. Paul Howard Blindsided Agency Amid Investigation In Brooks' Case

 

[Kakidoll]

Yes, it is a probation of his violation. ESPECIALLY being drunk behind the wheel.

Covid 19 brain here, I had to read that 5 times because i thought i was reading it backwards. I need fresh air.

I just read online that CO just passed legislation that prohibits chokeholds and shooting at a fleeing suspect. Officers would be required to report anyone they stop. Officers would be required to report their brothers in blue for wrong doing. LE can be held personally responsible for up to $25,000 for violating someone's civil rights. There are other changes too.

If they are not allowed to shoot a fleeing suspect, i then assume that from here on out, EVERY 'suspect' will flee. That sure will make for safer streets.

 

[Abp5]

I sure hope LE is putting pressure on the people who are hiding Natalie White.

I agree! I am really surprised that she has not been detained yet.

 

[lisaNYC]

I agree! I am really surprised that she has not been detained yet.

I wonder if her bail will be covered by one of the bail funds created for protesters.

 

[Abp5]

I wonder if her bail will be covered by one of the bail funds created for protesters.

I hope not! Since her arrest warrant is for first degree arson, I would hope that whoever set those up wouldn’t want that association.
Warrant issued for suspect in Atlanta Wendy's arson