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Re: Prosecutor charges 6 Baltimore officers in Gray's death

By: clo in ALEA | Recommend this post (0)
Sat, 02 May 15 3:33 AM | 69 view(s)
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Msg. 16867 of 54959
(This msg. is a reply to 16866 by Cactus Flower)

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Cactus Flower,

I think you missed the point I was trying to make.
Mr Gray did NOTHING to warrant them arresting him. The only thing he did was flee. They did not see the knife, since they were chasing him from behind on bikes.

If cops can't distinguish a switchblade from a pocket knife they should find another position.

I've also learned 'hog tying' a prisoner is illegal, he told them he had trouble breathing & needed an inhaler. They ignored this request.
Not only was he hog tied, he was put on a hard surface, on his stomach, unsecured in that van.

It’s been long-held for several years, hog-tying with restraints can lead to positional asphyxiation and liability for the police department. In Cruz v. City of Lararmie, 99-8045, 99-8049, 99-8050, 239 F.3d 1183 (10th Cir. 2001), part of the the case was as follows:

“Officers may not apply this technique when a person’s diminished capacity is apparent. The diminished capacity might result from severe intoxication, the influence of controlled substances, a discernible mental condition or any other condition, apparent to the officers at the time which would make the application of a hog-tie restraint likely to result in any significant risk to the individual’s health or well-being. A review of the known dangers of the hog-tie restrain supports this position.”

In Nelson v. County of Los Angeles, 113 Cal App 4th 783 (2003), in a Court of Appeal noted:

“The parents of an adult male who died of asphyxia while restrained by deputy sheriffs filed a wrongful death suit against the county. The adult male stood in the middle of a busy intersection and fired a loaded gun into the air and at passing motorists. The police responded by arresting the adult male and placed him in the back of the police car. The adult male started thrashing about, and the deputies pulled him out of the car, laid the still handcuffed adult male facedown on the round and executed a total appendage restraint procedure (TARP). By the time the deputies finished, the adult male was unconscious. The paramedics who came to the scene found he was no longer breathing and were unable to revive him.”

Read more at http://endthelie.com/2012/06/02/reporter-manhandled-and-apparently-hog-tied-by-police-at-bilderberg-2012/#yq2sZLQA2IYl2Rxs.99




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The above is a reply to the following message:
Re: Prosecutor charges 6 Baltimore officers in Gray's death
By: Cactus Flower
in ALEA
Sat, 02 May 15 2:33 AM
Msg. 16866 of 54959

Why would making a mistake over the possession of a particular knife as a cause for making an arrest add years to anyone's sentence?

The folks that arrested the victim appear not to be the officers charged with homicide. Presumably the prosecutor contends that he was not injured by those officers.

Would you have police officers thrown in prison for years because they misidentified the type of knife that results in an offence for which a person can be arrested?

Does anyone expect officers to be able to distinguish with accuracy what sort of knives make a person arrestable?

I'd say the chief should tell them not to make the mistake again and send them out to do their jobs.

The only event that appears to have any seriousness to it is the one that involves the victim sustaining a mortal injury. The claim seems to be that this occurred in the van.

How a prosecutor is going to prove mens rea by the van driver is beyond me. Apparently the prosecutor agrees that the victim was feigning injury when being placed in the van. I predict the van driver will say that he presumed the victim was continuing to feign injury while he was driving the victim to his destination. And that the victim must, in fact, have been injured before he entered the van, as he appeared to be in the video clips.

It is possible that this young prosecutor rushed to a decision under political pressure to lower community tension.


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