GUILTY SC - Walter Scott, 50, fatally shot by North Charleston PD officer, 4 April 2015 - #2

  • #81
Is the Grand Jury already seated that will hear this case? I asked this a while back. Perhaps I'm mistaken, but I thought part of the delay in bringing this case to a GJ is that there wasn't gong to be a GJ available to hear it until late in May, when a new GJ would be convened.

I will feel more confident in the GJ system if there is already a GJ seated. The time of service for GJ members varies substantially from location to location in the U.S. If there is already a GJ seated, there is less potential for influence peddling, than if a special GJ is convened, IMO. I'd feel better if the GJ was at the end of their service, and had worked together for months, rather than a bewildered new group, handpicked, with a controversial case thrown at them. JMO.
 
  • #82
Is the Grand Jury already seated that will hear this case? I asked this a while back. Perhaps I'm mistaken, but I thought part of the delay in bringing this case to a GJ is that there wasn't gong to be a GJ available to hear it until late in May, when a new GJ would be convened.


I will feel more confident in the GJ system if there is already a GJ seated. The time of service for GJ members varies substantially from location to location in the U.S. If there is already a GJ seated, there is less potential for influence peddling, than if a special GJ is convened, IMO. I'd feel better if the GJ was at the end of their service, and had worked together for months, rather than a bewildered new group, handpicked, with a controversial case thrown at them. JMO.

"Influence Peddling" can go both ways IMO
 
  • #83
A grand jury did not indict the Ferguson officer who shot and killed Michael Brown.
A grand jury did not indict the Staten Island officer who choked Eric Garner to death.
A grand jury did not indict the Texas officer who shot and killed a mentally disabled man.

What's with the unfounded accusations that this grand jury will be biased and will indict based solely on publicity rather than the law, as their oath requires them to do?

Some people are really grasping at straws.
 
  • #84
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South Carolina shooting case will head to a grand jury

The soonest the case could be presented to a grand jury is May 4, according to the prosecutor’s office. The former officer, Michael T. Slager, is being held on a charge of murder in connection with the shooting death of Walter L. Scott on Saturday.

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LA Times
 
  • #85
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Here in South Carolina, a grand jury consists of 18 people in the county that are selected just as any other juror would be selected. This usually occurs at the beginning of the year, and those jurors will serve for a period of one year. Each year, six of the grand jury members are chosen as "carryover jurors" or sometimes, "holdover jurors." This is so there are some experienced members on the grand jury at all times, and they are all not starting as new members. Therefore some of them will serve a total of 2 years.

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South Carolina Grand Jury - What really Happens?
SC Jury Selection Plan
 
  • #86
Thank you, Shadowraiths, for the Grand Jury information! I had intended to look all that up when I had a moment, and then you went and did that, and posted it, for all of us.

I really appreciate all your research here, and on different threads-- thank you, again!
 
  • #87
I've been following U.S. Senator Tim Scott as he recommends body cameras for law enforcement as he believes having the cameras will work for safety for both citizens and law enforcement. I believe that the body cameras will help towards building trust between law enforcement and citizens.

I send out prayers to all involved.
 
  • #88
I've been following U.S. Senator Tim Scott as he recommends body cameras for law enforcement as he believes having the cameras will work for safety for both citizens and law enforcement. I believe that the body cameras will help towards building trust between law enforcement and citizens.

I send out prayers to all involved.

I'm sorry, but I currently have NO problem with LEO and a camera will not make me a better citizen. There are cameras everywhere! :thinking:
 
  • #89
I'm sorry, but I currently have NO problem with LEO and a camera will not make me a better citizen. There are cameras everywhere! :thinking:

It's to make citizens AND LEO better. Sometimes, LEO needs to know they are going to be held accountable too. JMO
 
  • #90
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The Dallas police chief, David O. Brown, said at a policing conference in February: “Sometimes it seems like our young officers want to get into an athletic event with people they want to arrest. They have a ‘don’t retreat’ mentality. They feel like they’re warriors and they can’t back down when someone is running from them, no matter how minor the underlying crime is.”

Those remarks came just weeks before a police officer in North Charleston, S.C., was charged with murder for shooting an unarmed man in the back. The officer had stopped the man, Walter L. Scott, because of a broken brake light. When Mr. Scott ran, the officer gave chase, even though he had Mr. Scott’s driver’s license.

“In most cases, time is on our side,” Chief Whent, of Oakland, said in an interview. “We’re chasing someone whose name we know, and we know where they live.”

The Oakland department, which is still working to repair its troubled history, now prohibits officers from chasing suspects alone into yards or alleys if they might be armed. All officers receive training that emphasizes smart decision-making. After averaging about eight police shootings annually for many years, the city had none last year and cut in half the number of times officers drew their guns, Chief Whent said.

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NYTimes
 
  • #91
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The Dallas police chief, David O. Brown, said at a policing conference in February: “Sometimes it seems like our young officers want to get into an athletic event with people they want to arrest. They have a ‘don’t retreat’ mentality. They feel like they’re warriors and they can’t back down when someone is running from them, no matter how minor the underlying crime is.”

Those remarks came just weeks before a police officer in North Charleston, S.C., was charged with murder for shooting an unarmed man in the back. The officer had stopped the man, Walter L. Scott, because of a broken brake light. When Mr. Scott ran, the officer gave chase, even though he had Mr. Scott’s driver’s license.

“In most cases, time is on our side,” Chief Whent, of Oakland, said in an interview. “We’re chasing someone whose name we know, and we know where they live.”

The Oakland department, which is still working to repair its troubled history, now prohibits officers from chasing suspects alone into yards or alleys if they might be armed. All officers receive training that emphasizes smart decision-making. After averaging about eight police shootings annually for many years, the city had none last year and cut in half the number of times officers drew their guns, Chief Whent said.

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NYTimes

It is very nice to hear the other LEOs from across the country speak to this.
 
  • #92
I quite honestly don't know how this cop gets indicted. The one thing I bet he regrets is talking too soon. Had he waited until after the video was released, he would have crafted his story to coincide with the video. Instead, he spoke too soon and got locked into a story. I have no idea if he'll be convicted, but I'd be shocked if he isn't indicted and would truly question our justice system if he's not. If this officer isn't indicted, I can't imagine a situation that would lead to an indictment. Dealing with an unarmed individual. His underlying crime was not one that involved violence. He was no threat to anyone.

Whether or not the officer is guilty and if so, of exactly what, is an entirely different question.
 
  • #93
From shadowraiths' link: http://www.nytimes.com/2015/05/05/u...r-longstanding-rules-on-using-force.html?_r=0 May 04.

"Dennis Tueller, the instructor in that class more than three decades ago, decided to find out. In the fall of 1982, he performed a rudimentary series of tests and concluded that an armed attacker who bolted toward an officer could clear 21 feet in the time it took most officers to draw, aim and fire their weapon....The “21-foot rule” became dogma.... adopted when officers faced violent street gangs." bbm sbm

Saying - before responding physically to person closer than 21 feet (or any given distance),
LEO sh first de-escalate situation by talking or other non-physical means - is a great idea, but -

The '21 foot rule' defines a zone & time of risk to LEO: roughly 3 seconds.
Not that LEO has ~3 seconds to decide how to respond.
Rather LEO has ~3 seconds to decide how to respond and for his response to succeed in either -
1. de-escalating situation (convincing person to put weapon down) or
2. neutralizing the threat by
a. physically taking control of weapon from person, or
b. physically taking control of person by restraining, certain holds; less-lethal methods, such as fists, batons, taser, stun gun, etc., lastly firearm use.

Neutralizing the threat does not mean LEO uses force until person is dead, rather using physical means to a point person can be restrained, cuffed & searched, put in car (IIUC).

Anyone think de-escalating situation - in 3 seconds - by talking to person w screwdriver, brick, knife, or gun is a piece of cake?

Another point: even displaying no visible weapon, 21 feet away, person may have
concealed weapon, lunge at LEO and seriously injure in 3 seconds.

Another point - even w no visible or concealed weapon, person 21 ft away may lunge at LEO and land solid blows w fists or feet. Previous posts linked to LEOs killed w fists & feet.

And most important point, imo, in considering whether LEO's use of force is excessive, by PD policy or state law, in continuing physical altercation, is not whether hypothetically LEO or other would 'win.'
Some ppl are thinking -
"Awwww, it was a just a scrawny guy (or little old lady, or drunk dude, or teen, etc.),
so sooner or later, the cop would have gotten the best of him, so no need to use taser or firearm."

In virtually all cases, the LEO's firearm or other weapons are subject to being taken by the person.
W a few seconds of LEO being unconscious or pain-distracted,
person can wrest gun and kill LEO w his own gun. Or even w no pain or unconsciousness.

Article's ^stmt about 21 foot rule initially adopted in times of 'violent street gangs' -
subtly implying rule applies only if single LEO is faced w 3-5-10-15(?) gangbangers? - is ludicrous.
Does not take multiple people ready to jump from 21 feet to put LEO at risk.

A single person, regardless of size, apparent strength, weapon-displayed-or-not, places LEO at risk of serious injury or death - in 3 seconds time - and can justify LEO's use of force.

Dash cam vid of stop shows Mr Scott's actions, his inconsistent stmts, & attempts to run.
Still pix/screen grabs from Santana's vid- w Mr Scott & LEO Slager "on the floor" shows LEO in danger of serious bodily injury or death, imo.
Possible, imo, that during the few/splits seconds in which Scott turned & ran, Slager's brain did not have enough time to view Scott's threat to him as diminishing.

Curious, after fight on ground, how many seconds, from time LEO was back on feet until he starting firing? Can anyone clock it?

JM2cts.
shadowraiths, thanks for linking NYT article, interesting reading.
 
  • #94
....those remarks came just weeks before a police officer in north charleston, s.c., was charged with murder for shooting an unarmed man in the back. The officer had stopped the man, walter l. Scott, because of a broken brake light. when mr. Scott ran, the officer gave chase, even though he had mr. Scott’s driver’s license..... nytimes
not-bbm
IDK if LE or MSM stated LEO had Scott's license.
From Santana's vid, I recall Scott handing something/paper to Slager.
IDK if it was Scott's legit license, if he had one.
IDK, if legit, that license showed Scott's then-current address.
Paper handed to LEO c/h/bn bogus license.

On hearing Scott's self-contradictory stmts about car's ownership and with
Scott's inability to provide registration & proof of insurance (as I understood Scott's actions and stmts on vid), seems LEO would have reason to question DL authenticity & info on it.

When Scott ran from the car, had LE already received info re plates? Stolen? Or DL?
If LEO requested VIN info, had that been provided?
IDK who owned car, whether LEO w/h/had enough info from car-reg to locate driver.

Before chase began, could LEO both ID driver & locate him later. IDK.

If anyone has LE reports or MSM links answering ^ questions, I'd appreciate reading.






 
  • #95
Curious, after fight on ground, how many seconds, from time LEO was back on feet until he starting firing? Can anyone clock it?

Here are the times with the format as follows: HH:MM:SS.miliseconds

Last frame on the ground: 00:00:21.15
Begins drawing gun: 00:00:25.08
First shot: 00:00:25.25

Total time from ground to first shot: 4.10 seconds.

This, btw, is why I, personally, doubt he will be indicted by the grand jury.
 
  • #96
IDK if LE or MSM stated LEO had Scott's license.

See https://www.youtube.com/watch?v=Ttyxt3bjq2k&t=1m20s

NB: obviously if the license was fake, we would have heard about it by now.

Before chase began, could LEO both ID driver & locate him later. IDK.

That being said, since he was being pulled over for a minor traffic infraction, and he chose to run, Slager could have had the car impounded, and taken the passenger to the police station for a statement. And, since they already has his license, they could send him a big fat fine for the traffic infraction + running, or, in this case, since he had a bench warrant, deployed officers (note the plural, esp since he ran) to arrest him at his home.

Though, that's obviously a hindsight 20/20 sort of thing. I totally get why the officer pursued.
 
  • #97
A 21 foot rule? Isn't using that example rewriting the facts of this case? Scott ran from Slager - 21 feet, 42 feet, 84 feet etc. Slager was fine, Scott was fine - then ....

Also, Santana did not film any paper exchange between Scott and Slager - another rewriting of the facts.
 
  • #98
Also, Santana did not film any paper exchange between Scott and Slager - another rewriting of the facts.
I think there might be some confusion. The dash cam vid, and not Santana's vid, shows Officer Slager asking for Mr. Scott's license, at which point Mr. Scott hands it to him.

You can see it here: https://www.youtube.com/watch?v=Ttyxt3bjq2k&t=1m20s

Imho, the dash cam is what al66pine was referring to.
 
  • #99
The '21 foot rule' defines a zone & time of risk to LEO: roughly 3 seconds.
Not that LEO has ~3 seconds to decide how to respond.
Rather LEO has ~3 seconds to decide how to respond and for his response to succeed in either -
1. de-escalating situation (convincing person to put weapon down) or
2. neutralizing the threat by
a. physically taking control of weapon from person, or
b. physically taking control of person by restraining, certain holds; less-lethal methods, such as fists, batons, taser, stun gun, etc., lastly firearm use.
The 21-foot rule, no doubt, has its place. The problem is, when it is used as follows:

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In Seattle, internal investigators chastised the officer, Ian Birk, for approaching the armed man and then using the 21-foot rule to justify shooting him.

“Officer Birk created the situation which he claims he had to use deadly force to get out of,” a police review board concluded. The officer resigned.

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NY Times

Here's the dash cam video of that shooting:

[video=youtube; dt1mFQG3tJg]https://www.youtube.com/watch?v=dt1mFQG3tJg[/video]​

Here's the knife he was using to carve the wood with, when he was killed.

SeattlePD-BirkOIS-web-2.jpg

Williams was a Native American woodcarver.
 
  • #100

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