Atlanta Police Fatally Shoot Black Man in the Back at Wendy's Drive-Thru

LKE21 said:
Any source for your statement? Wouldn’t blame any of those fine coppers for throwing in the towel, but I can’t find a news site that corroborates what you are saying. I definitely could be wrong so forgive my ignorance; I’ve just had a hard time finding proof. Thanks.
Click to expand...
I'm seeing several sources on Twitter. I can't verify any of them at this point, I'll post up when I see a verified report.

1592439974096.png

1592440015901.png

1592440312894.png
 
n1bsbri said:
I'm seeing several sources on Twitter. I can't verify any of them at this point, I'll post up when I see a verified report.

View attachment 366168

View attachment 366169
Click to expand...

Thanks for posting!

This? This is interesting...

www.northeastshooters.com

Atlanta Police Walking Out

Lot of talk out there that the Atlanta Police Dept has walked off the job. Can't confirm but a lot of stuff getting posted on social media right now good luck Atlantians if true place is a sh!thole once you cross MLK boulevard
www.northeastshooters.com www.northeastshooters.com
 
Picton said:
Thanks for posting!

This? This is interesting...

www.northeastshooters.com

Atlanta Police Walking Out

Lot of talk out there that the Atlanta Police Dept has walked off the job. Can't confirm but a lot of stuff getting posted on social media right now good luck Atlantians if true place is a sh!thole once you cross MLK boulevard
www.northeastshooters.com www.northeastshooters.com
Click to expand...
Yes, looks like the same as what I'm seeing. Lots of minor league "reporters", haven't seen a big name yet.
 
I agree with Woodsy, there are plenty of examples of bad shoots and officer overreaction - this ain’t it.

The worm has turned though, and cops will be strung up in the court of public opinion for cuffing someone that they get marks from.

I don’t blame any cops walking out, quitting or calling in sick - I do place some blame where they knew certain guys were/are bad and they dummied up some reports or looked the other way WHICH IS HOW WE GOT HERE. George Floyd was the straw and now the camel can‘t carry anything.
 
headednorth said:
Who tf is passed out in a running car at 0.108?
Click to expand...
Give my wife half a glass of white wine, and someone better move over so she can take a nap.

The driver here reportedly didn't drink often. It was late, he was tired. "Fell asleep" is not the same as "passed out drunk".

I imagine we have quite a few people here on NES who are experienced enough to fake it at three times the legal limit. We probably also have some who would be blotto at half the limit.
 
KBCraig said:
Give my wife half a glass of white wine, and someone better move over so she can take a nap.

The driver here reportedly didn't drink often. It was late, he was tired. "Fell asleep" is not the same as "passed out drunk".

I imagine we have quite a few people here on NES who are experienced enough to fake it at three times the legal limit. We probably also have some who would be blotto at half the limit.
Click to expand...
"Fell asleep" behind the wheel of a car in the middle of a parking lot surrounded by people? LOL cmon.
 
Woodsy said:
A felon attacks an officer grabs his taser and runs off. While running he turns and shoots back at the officer, officer has a millisecond to decide is it a gun the per had? My taser? He drops the perp. I don’t see Murder in this case.
Click to expand...

Exactly. And you know when Woods and I are agreeing there might be some prosecutor's overreach
 
Picton said:
Seconded.
Click to expand...
FYI. The County DA is in a tight election race for his position. He came in second in the DemocRat primary last week and now faces an uphill runoff battle. Note that there's no R in the mix so the D primary is the race.
www.law.com

As Fulton DA Race Heads to Runoff, Candidates Spar on Corruption Claims & Police Prosecutions | Daily Report

With most precincts counted, veteran prosecutor Fani Willis' lead is still short of avoiding a runoff with her former boss.
www.law.com www.law.com
Willis also called out Howard for “incompetence and corruption.”
...
Howard has been criticized by Atlanta Police Chief Erika Shields and the International Brotherhood of Police Officers over his decision to charge six police officers for the violent arrest of two Atlanta college students who were tazed and pulled from their car during demonstrations over the death of George Floyd at the hands of Minneapolis police.
...
Howard’s campaign also has been challenged by accusations of sexual harassment and retaliation raised by two women who worked in his office—claims he has denied. He is also under investigation by the state ethics commission over alleged campaign financial disclosure law violations.
...
She also contended that Howard, instead of focusing on progressive criminal justice initiatives, focused instead on “avoiding accountability” for bolstering his salary with nonprofit funds in a potential violation of state campaign finance laws and in efforts to defend two sexual harassment complaints.
Click to expand...
Found other reports of accusations of selective prosecution of both civilians and LEOs as well as charges of hasty, over-charging.

IMNSHO this felony murder charge, and maybe many (all?) of the other charges, have much more to do with election season politics than actual justice.
 
www.11alive.com

Rayshard Brooks was kicked, stepped on by officers as he was on the ground dying, DA says

Both officers were charged in the case and one faces a felony murder charge for shooting Rayshard Brooks.
www.11alive.com www.11alive.com

Apparently he kicked him in the head after he shot him. That cannot bode well and certainly hurts his case.


xtry51 said:
Exactly. And you know when Woods and I are agreeing there might be some prosecutor's overreach
Click to expand...

If I understand it correctly, he is being charged with felony murder?

O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder


(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
Click to expand...

Felony murder seems to be part c. I'm struggling to see what the underlying felony is. I don't see how this applies. Presumably, the arrest was legal. While I don't think shooting him was an appropriate use of force or justified, I do not see how it constitutes felony murder. In fact, murder (parts a and b of the statute) would actually seem more appropriate, though I still think is a stretch and would be extremely hard to overcome the "no considerable provocation" element.

Now the article above states he's also being charged with several other crimes. Aggravated assault (for the kick) and violating his oath (for not rendering aid). Those certainly seem appropriate.

I haven't yet seen the full video of what happened after the shooting, which may help explain the charges.
 
Bonesinium said:
www.11alive.com

Rayshard Brooks was kicked, stepped on by officers as he was on the ground dying, DA says

Both officers were charged in the case and one faces a felony murder charge for shooting Rayshard Brooks.
www.11alive.com www.11alive.com

Apparently he kicked him in the head after he shot him. That cannot bode well and certainly hurts his case.




If I understand it correctly, he is being charged with felony murder?



Felony murder seems to be part c. I'm struggling to see what the underlying felony is. I don't see how this applies. Presumably, the arrest was legal. While I don't think shooting him was an appropriate use of force or justified, I do not see how it constitutes felony murder. In fact, murder (parts a and b of the statute) would actually seem more appropriate, though I still think is a stretch and would be extremely hard to overcome the "no considerable provocation" element.

Now the article above states he's also being charged with several other crimes. Aggravated assault (for the kick) and violating his oath (for not rendering aid). Those certainly seem appropriate.

I haven't yet seen the full video of what happened after the shooting, which may help explain the charges.
Click to expand...

If you want to chsrge him with the last two (assuming they have video) fine. But the murder charge is bullshit.
 
xtry51 said:
If you want to chsrge him with the last two (assuming they have video) fine. But the murder charge is bullshit.
Click to expand...

I was thinking so too, though here is the explanation of them. They are saying the underlying felony is aggravated assault. He apparently put rounds into a occupied vehicle.


View: https://www.youtube.com/watch?v=Mnr1CG8tvLc


I'm not sure I agree, but it makes a bit more sense now.

Here's longer unedited footage of the incident. It's very bizarre really.


View: https://www.youtube.com/watch?v=DhdpG2XzRXQ
 
Last edited:
Bonesinium said:
I was thinking so too, though here is the explanation of them. They are saying the underlying felony is aggravated assault. He apparently put rounds into a occupied vehicle.


View: https://www.youtube.com/watch?v=Mnr1CG8tvLc


I'm not sure I agree, but it makes a bit more sense now.

Here's longer unedited footage of the incident. It's very bizarre really.


View: https://www.youtube.com/watch?v=DhdpG2XzRXQ
Click to expand...


That is a giant stretch if unimaginable proportions. Aggravated Assault for the bullet hitting a fender? What was the angle of impact? Was it a ricochet? Does it even matter if the officer thought the guy had a gun and not a taser?

They are grasping at straws here to bootstrap someone.
 
xtry51 said:
That is a giant stretch if unimaginable proportions. Aggravated Assault for the bullet hitting a fender? What was the angle of impact? Was it a ricochet? Does it even matter if the officer thought the guy had a gun and not a taser?

They are grasping at straws here to bootstrap someone.
Click to expand...

O.C.G.A. 16-5-21 (2010)
16-5-21. Aggravated assault

(a) A person commits the offense of aggravated assault when he or she assaults:

(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
 
Having watched the full body camera video (up to the shooting), I feel bad for the cops. For forty minutes they handled the situation perfectly. It's a good example of how things can quickly go to hell in a handbasket. The cop who shot him made two critical mistakes.

1. He never told him he was under arrest. Instead he grabbed his wrist and said "would you put your hands behind your back for me". Seems minor, but it's not how it is to be done according to their policy:

At the time of arrest, the arresting officer(s) will:
a. Identify himself or herself as a police officer, visually and/or verbally;
b. Inform the arrestee of the reason for their arrest;
c. Handcuff the person with the handcuffs “double locked”;
d. Immediately upon handcuffing, pat down the arrestee for weapons


2. From what I read, he is claiming he thought he might be armed. That is not credible. He personally did a pat down for weapons already. This is important because he's only authorized to use deadly force when:

An employee may use deadly force to apprehend a suspected felon only when:
1. He or she reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury and when he or she reasonably believes that the suspect poses an immediate threat of serious bodily injury to the officer or others; or
2. When there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm (O.C.G.A. Section 17-4-20) and the employee reasonably believes that the suspect’s escape would create a continuing danger of serious physical harm to any person.

Now if an electronic control weapon (taser), is defined as a less lethal weapon, and not a deadly weapon, then shooting him just because his partner is being tased may not be a valid justification according to policy. I'm sure regardless, it will be argued he felt the taser did poses a threat of seriously bodily injury to the officer. Of course if he is to argue the taser is deadly force, then he himself using the taser firstly would also be a use of deadly force, which would be an excessive use of force in the first place. That puts him in a tough position...



3. If he delayed medical assistance, which I have no idea about as I haven't seen video past the shooting, that's also a problem for him.

Employees will make appropriate medical aid and/or assistance available to all persons who have a physical injury or when injury is likely to have occurred due to an employee’s use of force. 4.3.2 Medical aid and/or assistance will be provided in a timely manner or as soon as practical without further endangering the employee or others.




law.justia.com

2010 Georgia Code :: TITLE 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES :: CHAPTER 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS :: § 35-8-26 - (For effective date, see note.) TASER and electronic control weapons; requirements for use; establishment

law.justia.com law.justia.com
 
Last edited:
Bonesinium said:
1. He never told him he was under arrest. Instead he grabbed his wrist and said "would you put your hands behind your back for me". Seems minor, but it's not how it is to be done according to their policy:
Click to expand...

Wondering if he wasn't going to make an arrest, simply let the guy sleep it off in the drunk tank?
 
KBCraig said:
Give my wife half a glass of white wine, and someone better move over so she can take a nap.

The driver here reportedly didn't drink often. It was late, he was tired. "Fell asleep" is not the same as "passed out drunk".

I imagine we have quite a few people here on NES who are experienced enough to fake it at three times the legal limit. We probably also have some who would be blotto at half the limit.
Click to expand...
Put me in front of the tv for more than five minutes and I pass out.....sober!!!
 

Similar threads

Parents of man shot, killed by Atlanta police at Buckhead restaurant demand justice
Replies
10
Views
303
Tartakovsky
Tartakovsky
Washington school shooting: Students in lockdown at William Wiley Elementary as police rush to the scene
Replies
8
Views
380
CMEBoston
CMEBoston
Correct way to get guns back from police?
Replies
7
Views
331
71montess
71montess
New Mexico State Police officer fatally shot ‘in cold blood’ by driver he tried to help, police say
Replies
6
Views
280
Dadstoys
Dadstoys
One dead, four injured in shooting at Nashville coffee shop as police launch manhunt for suspect
Replies
18
Views
479
Reptile
Reptile
Back
Top Bottom