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Because the officer could not know he was dead yet, only down for the count. As per Canadian self defense code, he was no longer a threat. Any lethal action taken further on a person down and unable to do anything, is attempting murder. There is no reason for any police officer or any citizen ever to shoot someone passed out on the ground. Its always gona count as attempted murder or murder even if you were initially defending yourself. He tried to kill the guy, but he was already dead, hence attempted murder and not murder. Intent is the most important part in our justice system, not your actions.
Last edited by minteK917; 2016-07-29 at 01:15 AM.
And I would understand the charges prior to the autopsy.
However after the facts come to light, I just don't see the charges remaining without modification to something weird pertaining to corpse abuse laws.
They straight up said the first three shots were not murder, but the 6 follow up shots, they are basically moving forward with "you murdered a dead body" angle.
Thats not how justice work. Hes not charged with murder. Attempted murder. Justice is based on your intent, not only your actions. If you unload your gun on someone passed out, you are attempting to murder them. Thats as simple as it gets. He attempted to murder someone. Dangerous driving, is still dangerous driving even if you hit nobody.
The kid wasn't dead after the first 3 shots, and that action was deemed entirely justified.
Going back and plugging the kid 6 more times to finish them off, is attempted murder and demonstrates malicious intent.
The fact he died later that day as a result of the initial 3 shots is somewhat irrelevant in terms of the judgment. He was still alive, critical, but alive prior to the follow up shots.
But what if the decision to attempt to murder was in that 5 second window he paused after the first three lawful shots killed him?
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I thought the report said the autopsy determined the first three shots were the cause of death?
I guess I got some crossed wires and that is why it is coming off as odd to me. Could be completely my fault.
Even if it was 2 seconds. As soon someone you shot is passed out on the ground, you stop firing or its murder lol. Self defense code in Canada is the same for police and civilians. You can outright kill someone as long as your life or health is in jeopardy. As soon as the person is rendered unable to threaten your life/health the use of force is no longer legal.
The first 3 shots were ultimately the cause of death, though not immediate. Most reports today recounting the incident said that he was paralyzed and critically injured by the first three shots. The next 6 mostly hit him in the lower body/legs.
In short terms. First 3, although ultimately deadly, justified action in the presence of a clear threat. Next 6, he was just shooting a dying cripple for no reason.
Thats for the jury to decide. This case was pretty clear cut, the first 3 shot where critical injuries the person was paralyzed. The cop emptied his clip in a paralyzed person. This is the reverse of the usual cop hating stuff where everyone think cops should be action heroes. Nobody dodge bullets, once you drop to the floor, it doesent warrant emptying a clip in you, he should have waited to see if the person was even still able to move.
Last edited by minteK917; 2016-07-29 at 01:39 AM.
Attempted murder? The victim is dead lol wut
He attempted to murder and was successful.
It does not, but you cant go around emptying your gun clips on people on the floor. Laying on the floor is literally the easiest target to hit with a gun. Hey the person i shot is laying on the ground and no longer moving. Do i wait to see what happen while hodling him at gun point or do i empty a clip into him?
No because the lethal shots were fired in legitimate self defense, as far as the lack of evidences could tell. Imagine you are fighting with someone thats trying to kill you. You end up choking them, while they are laying on the ground, you just stab them in the neck. Turns out he was dead from the choking. The choking was legitimate self defense. However you demonstrated you had the malicious intent to murder someone no longer a threat to you. Attempted murder.
Last edited by minteK917; 2016-07-29 at 01:46 AM.