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Old 11-24-2021, 04:03 PM   #6001
RainMaker
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Quote:
Originally Posted by larrymcg421 View Post
The first two DA's tried to cover it up. Only the first one was charged. But the second one, Barnhill, committed several ethical breaches by not disclosing several conflicts of interest he had in the case, while he was writing opinion memos as to why he thought it was justifiable homicide.

Georgia seems to have some issues with DAs.

https://www.ledger-enquirer.com/news...254977952.html
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Old 11-24-2021, 05:25 PM   #6002
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Hope all 3 have a real fun time in prison. Not sure why they didn't go for death for the son who pulled the trigger.
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Old 11-24-2021, 06:26 PM   #6003
GrantDawg
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Because the prosecuter did not want to have to argue in front of a "death qualified" jury, which is generally more conservative than a regular jury.
They still face federal hate crimes charges as well.

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Old 11-24-2021, 06:36 PM   #6004
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How does the hate crime work in relation to the state charges? Is it a totally separate murder trial?

I'm guessing they'll be able to use this evidence that was not permissible in the state trial?

Ahmaud Arbery trial: Georgia jurors not permitted to hear explosive evidence

Quote:
Judge Timonthy Walmsley barred damaging information about the defendants and the victim — calling some of the material too inflammatory and prejudicial.


After Travis MicMichael shot Arbery, who is black, in the torso twice, he allegedly blurted "F—ing n——" as the 25-year-old took his final breaths, according to Bryan's statement to an investigator.
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Old 11-24-2021, 07:06 PM   #6005
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Federal trial. I would guess yes on that evidence.

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Old 11-24-2021, 08:42 PM   #6006
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I worked on a hate crime trial where an issue was whether we could get in that the defendant had a swastika on his truck, even though the victim wasn't Jewish, and the swastika had nothing to do with the crime. The trial court let it in and the appellate court affirmed after the conviction. I think there's a good argument to go even deeper into evidence of someone's racist views in a case where racial animosity as a motive is an element the state has to prove.
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Old 11-24-2021, 08:42 PM   #6007
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I worked on a hate crime case where an issue at trial was whether the state could get in that the defendant had a swastika on his truck, even though the victim wasn't Jewish, and the swastika had nothing to do with the crime. The trial court let it in and the appellate court affirmed after the conviction. I think there's a good argument to go even deeper into evidence of someone's racist views in a case where racial animosity as a motive is an element the state has to prove.

Last edited by molson : 11-24-2021 at 08:45 PM.
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Old 11-25-2021, 03:27 AM   #6008
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so like is everyone else on this site a lawyer now except me and pilot? lol
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Old 11-25-2021, 05:16 AM   #6009
GrantDawg
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I am not a lawyer, but I did stay at a Holiday Inn last night while watching Court TV.

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Old 11-25-2021, 10:41 AM   #6010
sabotai
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so like is everyone else on this site a lawyer now except me and pilot? lol

I'm not a lawyer, my job is failing at life. And the pay sucks.
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Old 11-26-2021, 01:08 PM   #6011
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Welcome to the new America

Video shows shooting of Chad Read linked to Kyle Carruth at Lubbock home
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Old 11-26-2021, 01:18 PM   #6012
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White trash went from Jerry Springer to pulling the trigger.
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Old 11-26-2021, 01:25 PM   #6013
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I just can't understand the mindset. Why bring a gun into that situation?
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Old 11-26-2021, 02:08 PM   #6014
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That is just upsetting. By the laws of Texas he is not getting charged for that.
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Old 11-27-2021, 07:11 AM   #6015
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This is a tough one. I would have de-escalated by just going inside the house, locking the door, calling the cops. The victim may have escalated more by breaking in, and if so, I would have no hesitation in shooting him.

However, just by the video and bit & pieces I've read (I would like to know if there was a history of confrontations leading up to this, was there a history of spousal abuse etc.), the victim was obviously aggressive and continued to threaten even after a warning shot. The victim then tries to grab the weapon which is a no-no. This is when it turns from a chest bumping into a real threat.

So was it self-defense, I'd say borderline yes. Could this have easily de-escalated or stopped with less lethal means, yes. Will the shooter get convicted in Texas, I'd say no.

Quote:
As the two argue, Carruth be seen firing a shot on the ground at Read's feet. Read can be seen grabbing the barrel of the rifle and during the struggle over the weapon, Read pushes away Carruth, who is thrown off a few feet, spins around and fires twice at Read, who could be heard saying, "think I'm ******* scared?"

The camera pans at Read who has dropped on the ground and Jennifer Read could be heard telling someone to call 911.

Before the video ends, Kyle Carruth can also be heard telling Jennifer Read, "None of you all should be here. I asked you to leave. I did everything ... I did not want to do any of this."
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Old 11-27-2021, 10:16 AM   #6016
GrantDawg
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As far as I could tell, the first guy wasn't threatening violence or trying to break into the house. The gun was unnecessary and acted to escalate the situation. That said, the "victim" then turned violent and threatening. That was the reason he got shot. This is what laws like "stand your ground" can create. That turned from a situation that the police could have easily handled to a dead person because a gun was introduced into the scene. The guy was staying 6 foot away from the woman he was yelling at and threatening court, not violence. Unless maybe there is a history of violence toward her? Then maybe getting a gun would have been justified? IDK the history beyond the video.
I will say never use a warning shot. That might be the thing that this guy could get into trouble for. Bullets don't just disappear. They go somewhere. A bullet shot into the ground can ricochet and hit anyone in that area. A bullet fired in the air hit someone up to a mile away. Don't fire the weapon unless you intend to hit a target.
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Old 11-27-2021, 10:24 AM   #6017
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Originally Posted by Edward64 View Post
the victim was obviously aggressive and continued to threaten even after a warning shot. The victim then tries to grab the weapon which is a no-no. This is when it turns from a chest bumping into a real threat.
.

So what you are saying is you are cool living in a society where any moron can grab a gun to "defend" themselves, despite the gun not actually being needed, then when the person they are "defending" themselves against feels threatened and attempts to disarm the person with the gun, they can shoot them an claim self defense.

Do you realize how ludicrous that is?
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Old 11-27-2021, 10:39 AM   #6018
GrantDawg
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Originally Posted by Lathum View Post
So what you are saying is you are cool living in a society where any moron can grab a gun to "defend" themselves, despite the gun not actually being needed, then when the person they are "defending" themselves against feels threatened and attempts to disarm the person with the gun, they can shoot them an claim self defense.

Do you realize how ludicrous that is?
Yeah, that's a) not what happened, and b) no one in this thread has claimed it was "cool." Perfectly legal, yes. He was on his own property. I am for some pretty strong gun laws, not I am not for banning guns from being carried on your own property. If you are for complete ban on gun ownership, alright. If not, there is nothing illegal in what the home owner did there unless it was the warning shot.
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Old 11-27-2021, 10:43 AM   #6019
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Yeah, that's a) not what happened, and b) no one in this thread has claimed it was "cool." Perfectly legal, yes. He was on his own property. I am for some pretty strong gun laws, not I am not for banning guns from being carried on your own property. If you are for complete ban on gun ownership, alright. If not, there is nothing illegal in what the home owner did there unless it was the warning shot.

That is exactly what happened. How can you see it any differently? The gun was absolutely not needed, the warning shot was absolutely not needed. Only one person held a gun. The other one is dead. Yet the one with the gun claims they felt threatened.

The math isn't hard.
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Old 11-27-2021, 10:58 AM   #6020
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That is exactly what happened. How can you see it any differently? The gun was absolutely not needed, the warning shot was absolutely not needed. Only one person held a gun. The other one is dead. Yet the one with the gun claims they felt threatened.

The math isn't hard.
The part you are wrong on is "...then when the person they are "defending" themselves against feels threatened and attempts to disarm the person". That is not what happened. The guy immediately came at the guy, got into his face, and start yelling at him to shoot him. He wasn't trying to disarm him because he felt threatened. He escalated to violence trying to be an ass hat. Once he grabbed the gun, then he became a threat. Having a gun is not inciting to violence. It is a perfectly lawful act. If he had pointed the gun at the person and threatened to shoot him, then maybe. That is not what happened here.
If it is lawful to have a gun, then it is lawful to have a gun. Possession of a gun is not in and of itself a threat or a violent act.
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Old 11-27-2021, 10:59 AM   #6021
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Dipshit doesn't bring out the gun, no one dies. Period.
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Old 11-27-2021, 11:02 AM   #6022
GrantDawg
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Originally Posted by spleen1015 View Post
Dipshit doesn't bring out the gun, no one dies. Period.
Sure, but is it not illegal to have a gun on your property. If the dipshit doesn't attack him, he doesn't get shot.

Last edited by GrantDawg : 11-27-2021 at 11:03 AM.
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Old 11-27-2021, 11:10 AM   #6023
spleen1015
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EDIT - I am rushing to judgement here some. Not knowing the history of this situation, dipshit may have been justified to bring out the gun. If the other guy has been violent in the past, then I can see a reason to have the gun.
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Old 11-27-2021, 11:13 AM   #6024
GrantDawg
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not needed

Last edited by GrantDawg : 11-27-2021 at 11:19 AM.
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Old 11-27-2021, 11:19 AM   #6025
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Originally Posted by spleen1015 View Post
EDIT - I am rushing to judgement here some. Not knowing the history of this situation, dipshit may have been justified to bring out the gun. If the other guy has been violent in the past, then I can see a reason to have the gun.
That is where I am at the more I think about it. If that is my wife and that guy has been violent in the past, I would definitely had grabbed a gun. I am not shooting someone over personal property, but if someone threatens my wife or family....
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Old 11-27-2021, 11:29 AM   #6026
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I think this situation is exactly what Texans want, and exactly how they want things handled. Yeah...it's stupid, and the end result is bad, but both these guys handled things poorly. Like really, really poorly. This one you walk away from judging the whole bottom line. You'd have a very difficult time trying to prove any other malice or intent.
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Old 11-27-2021, 04:04 PM   #6027
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I think this situation is exactly what Texans want, and exactly how they want things handled. Yeah...it's stupid, and the end result is bad, but both these guys handled things poorly. Like really, really poorly. This one you walk away from judging the whole bottom line. You'd have a very difficult time trying to prove any other malice or intent.

At least a portion of them, anyways

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Old 11-27-2021, 07:12 PM   #6028
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Yeah, there are plenty of people happy that the law makes it easier to get away with killing people, cause you just never know when you might need to shoot someone.
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Last edited by JPhillips : 11-27-2021 at 07:59 PM.
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Old 11-27-2021, 07:51 PM   #6029
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This is a situation where if you change the color of the people involved's skin and say it happened in another country people would be amazed at how uncivilized they are.

I just find it amazing that someone can escalate a situation drastically by bringing a gun into play, kill someone, and walk away. We should be better than this, but I understand that for a portion of the country this is masturbation material.
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Old 12-01-2021, 12:34 PM   #6030
Edward64
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Other than the victim having a gun (he didn't, the cop was told victim had a knife), I can't see any justification here (and the cop had a taser). Looks like the cop just lost it.

Article didn't go indepth on the officer other than he was on the force for 4 years. Wouldn't be surprised if there is a history here.

Tucson police shooting: Man in wheelchair killed, Ryan Remington fired
Quote:
Police said Tuesday a Tucson officer would be fired after video showed him fatally shoot a man in a motorized wheelchair while confronting him over allegedly shoplifting.

Surveillance video of the Monday shooting shows Richard Lee Richards, 61, entering a Lowe's in a wheelchair before an officer, later identified as Ryan Remington, fires his gun nine times at Richards' back and side. Richards was pronounced dead shortly afterward.
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Old 12-01-2021, 12:51 PM   #6031
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Originally Posted by Lathum View Post
That is exactly what happened. How can you see it any differently? The gun was absolutely not needed, the warning shot was absolutely not needed. Only one person held a gun. The other one is dead. Yet the one with the gun claims they felt threatened.

The math isn't hard.

I don't have a problem with guns for home protection and such. But the people most into them always end up being the biggest pussies who fear everything in the world.
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Old 12-02-2021, 04:55 PM   #6032
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Suspect in Waukesha parade carnage says he feels ‘demonized’

Well no shit
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Old 12-02-2021, 05:26 PM   #6033
Edward64
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Hah, I read that also and thought exactly the same.
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Old 12-02-2021, 05:44 PM   #6034
Brian Swartz
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Quote:
Originally Posted by Atocep
This is a situation where if you change the color of the people involved's skin and say it happened in another country people would be amazed at how uncivilized they are.

I wouldn't be. There's too many people in general that think violence = uncivilized. A lot of unjustified violence definitely legitimately fits in that category, but some violence is part and parcel of civilization. When you're physically aggressive and confrontational to someone who has a gun, on their property, this is an expected outcome.
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Old 12-02-2021, 06:42 PM   #6035
BYU 14
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Okay, I am going to rant a little bit, first off, why the fuck is he getting to do interviews from jail after intentionally running over 6 people?

Second to his mother. I am pretty fucking sure he could have gotten on Medicaid and I can tell you, Medicaid members have access to more mental health assistance available than most of the general population not on Medicaid.

AHCCCS in Arizona pays for innumerable treatments that commercial insurance and Medicare don't cover/won't touch and that includes transportation to get to these appointments. The one flaw in the laws here are that people can refuse treatment and can't be forced to stay inpatient, or continue treatment if they don't want to. But guess what Mom, that is where FAMILY comes into play. Instead of bitching about the system, put some effort into getting your son help.

And yes I know, the system can still be improved, but he had access to treatment beyond what most of us not covered on a Medicaid plan can get.
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Old 12-14-2021, 06:55 PM   #6036
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For any lawyers on the board, would something like this allow for those convicted to seek an appeal? Always wonder when a judge turns out to be bias or corrupt, do the people the Judge presided over have any chance to appeal on those grounds?

Judge Michelle Odinet responds to use of racial slurs in home video following burglary
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Old 12-14-2021, 07:50 PM   #6037
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Not a lawyer, but my guess is doubtful. Appeals are usually a pretty high bar.

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Old 12-21-2021, 06:58 PM   #6038
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Again, I don't know if this is the right thread but as a mental exercise, compare the current story about the (Cuban immigrant) truck driver who just got 110 years for causing an accident which killed four with the "affluenza" teen.
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Old 12-22-2021, 01:55 PM   #6039
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If it's true that his truck was not maintained correctly and he did not receive proper training (including what a runaway truck ramp was and how to use it), then it's a pretty improper exercise of justice:

Quote:
The fact that the crash was caused due to improperly functioning brakes ultimately points to the negligence of the truck company Aguilera-Mederos was driving for, Castellano 03 Trucking LLC, based in Houston, Texas. Denver’s ABC 7 reported in April 2019 that now inactive records from the Federal Motor Carrier Safety Administration had shown there were 19 vehicle inspections that resulted in 30 violations at the company over the two years prior to the crash.

“Over that time period, drivers have been hit three times for having chafing or kinking on their brake tubes and also for having their brakes out of adjustment, respectively,” ABC 7 reported.

Much has been made of the fact that Aguilera-Mederos had failed to take a runaway truck ramp when he was trying to engage his emergency brake, but many drivers on social media have come to his defense stating that the dangerous passes through the mountainous region are difficult for even seasoned drivers. Numerous drivers even question if Castellano 03 Trucking had provided Aguilera-Mederos with the proper training to know how to handle such a situation or if Aguilera-Mederos, who required translation services for his trial, was proficient enough in English to read the signs that marked the path to the runaway truck ramp. If true, the trucking company should be held liable to ensure drivers are well versed enough to read safety signage.

Source.
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Old 12-23-2021, 09:58 AM   #6040
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Putting this here since it relates to shootings... I'm going to guess "lack of sleep" and "unexpected cost over-runs on updates to my second residence" will not go over well if this guy is stupid enough to go to a jury trial.

Doctor Arrested in Connection to Alleged Fatal Road Rage Shooting | PEOPLE.com
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Old 12-23-2021, 02:44 PM   #6041
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Putting this here since it relates to shootings... I'm going to guess "lack of sleep" and "unexpected cost over-runs on updates to my second residence" will not go over well if this guy is stupid enough to go to a jury trial.

Doctor Arrested in Connection to Alleged Fatal Road Rage Shooting | PEOPLE.com

Over 2 years to arrest the guy? I get being thorough but damn.
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Old 12-24-2021, 08:41 AM   #6042
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https://apnews.com/article/florida-r...4255538229684c
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Old 12-24-2021, 09:16 PM   #6043
cuervo72
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Well, THAT's reassuring.

Almost makes you feel good when it's merely incompetence.

14-year-old girl in dressing room of Burlington fatally shot by LAPD - Los Angeles Times
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Old 12-28-2021, 04:33 PM   #6044
RainMaker
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Well, THAT's reassuring.

Almost makes you feel good when it's merely incompetence.

14-year-old girl in dressing room of Burlington fatally shot by LAPD - Los Angeles Times

No charges still. Sad story.

https://www.cnn.com/2021/12/28/us/la...ily/index.html
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Old 12-28-2021, 08:34 PM   #6045
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With miami_fan's link in mind:

Family seeking answers after loved one is found hanged in South Side police cell - Chicago Sun-Times
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Old 01-07-2022, 05:06 PM   #6046
CrimsonFox
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and there they go....
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Old 01-10-2022, 05:43 PM   #6047
RainMaker
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Two weeks vacation.

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Old 01-11-2022, 11:17 AM   #6048
BYU 14
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Well, it is going to be better now. They will have to pay a settlement since the case was already adjudicated, then he gets to retire early and keep his pension. The business of bigotry is booming.

And in reality, they didn't underestimate anything, they thought it was no big deal.
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Old 01-12-2022, 11:18 PM   #6049
JPhillips
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Lucky no one else was hurt.

Quote:
John Kuczwanski, the Legislative Affairs Director for the State Board of Administration, was killed in a shootout triggered by a road rage incident in north Tallahassee.


Sources familiar with details of the investigation told Florida Politics that Kuczwanski caused the auto accident that began the chain of events, and that he began the shootout that led to his own death.

The sources said the incident began after Kuczwanski’s BMW drifted out of its lane while heading north on Thomasville Road. That’s when the BMW hit a white Prius.

Both cars pulled into a parking lot. The driver of the Prius confronted Kuczwanski about hitting him, the sources said. The Prius’ driver then returned to his car to wait for law enforcement’s arrival after confronting Kuczwanski. That is when, according to Florida Politics’ sources, Kuczwanski rammed his BMW into the Prius on the driver’s door, and began pushing the car sideways in the parking lot.

Kuczwanski then shot a gun at the white Prius, according to the sources. The Prius driver drew a gun and fired back into the windshield of Kuczwanski’s BMW. Kuczwanski was hit and killed, according to the sources.

The driver of the Prius then exited their vehicle on the passenger side and took cover not knowing if Kuczwanski was about to fire back.
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Old 01-12-2022, 11:43 PM   #6050
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