Discussion for article #243271
Catherine, typo in your lede.
White good-ole-boys shooting up a predominantly black protest?
Of course itâs not a hate crime⌠Theyâll plead down to unlawful discharge of a firearm inside city limits and pay a $28 fine. Anyone wanna take that bet?
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Has anyone heard from Cruz or Fiorina yet?
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Maybe the others, but I think the shooter is likely screwed. Weâll see.
how much?
remember federal charges are still pending
Gud kach!
Iâll take it, with relish, hold the catsup.
You donât know Mike Freeman, do you? Straight shooter, really good chief county prosecutor, and a solid, reliable Dem, who doesnât toss off words: when he says that hate charges are under consideration, itâs gone WAY beyond speculation. Itâs Freemanâs style not to say such things without a public duty basis; in this case, Iâd say the best read is his office and the US DoJ are going thru the necessary protocol and HE at least holds the opinion that that process - which involves a fair amount of shoe leather by FBI as well as local police investigators - is very close to done OR in fact done and now is into the âdue diligenceâ stage.
How much will I be winning? Could you direct my winnings to a third party? Iâm happy to accept Josh Marshall for the escrow.
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How does second degree assault with a dangerous weapon stack up against attempted murder?
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"He said Allen âLanceâ Scarsella, 23, was charged with one count of second-degree riot "
HAHAHAHAHAHAâŚtoo goodâŚnow, whenever you have to listen to some fucktard Teatroll ranting about black people rioting, you can cite this honky racist piece of filth.
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Yes:
Cruz has declared that these 4 racist assholes were actually transgendered leftist activists trying to maintain the âDemocrat plantation, just like George Wallace and the KKK, which was a political arm of the DixiecratsâŚand did I mention Lincoln the Republican freed the slaves, you negro ingrates?â
Fiorina swears she saw video of the BLM protesters chopping up babies that these 4 heroes meant to save.
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IMO, it stacks up like an outhouse built on sand. When you shoot at someone, you intend them death. Period.
That being said, Iâm not going to both looking up the statutory elements of the crimes and how they are specifically defined in MN.
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From a legal perspective, shooting a gun at someone is not always sufficient to prove intent to murder. The prosecutor likely looked at the ability to get a conviction and thought proof of intent was lacking. To get these guys for attempted murder, they have to prove they had intent to murder and they just happened to fail at it. Iâm simplifying it quite a bit, but I think they donât want these guys to walk and donât think they have sufficient evidence to indicate intent.
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First, I knowâŚIâm an attorney and am well aware of the legal standards at play. I donât buy that a prosecutor could look at even the evidence we have and decide the intent was lacking. Homicide can take many forms and the inchoate crime of âattemptâ can as well. Pulling the trigger, in and of itself, is evidence of intent to kill or maim. Moreover, people did end up shot, one in the back. At the very least, I canât imagine this doesnât amount to charges of attempted manslaughter (yes, always a tough one to wrap oneâs head around), based on wanton disregard or depraved indifference. I mean, FFS, they were discharging their weapons into a crowd or into a smaller group towards a crowd.
Second:
" The prosecutor likely looked at the ability to get a conviction and thought proof of intent was lacking."
The prosecutor likely looked what might happen to his ability to leverage his position as a DA into a political career later in life if he threw the book at these little shits and decided he didnât want the potential career damage.
FIFY
I donât buy it for a fucking second that the only charge that fits here was some sort of âsecond degreeâ assault charge. Had this been a group fo angry black people hollering racial epithets at a ubiquitously honky Teatroll rally, who then opened fire on them and hit several, weâd suddenly being hearing about âtough on crimeâ and âdomestic terrorismâ from the MSM and RWNJs, and the perps would be facing some form of attempted murder charges and potentially even charges on the so-called terrorism. Moreover, the talk about intimidating people to scare them out of exercising their 1st Amendment rights would be endless, outraged and omnipresent, and the only reason weâre not hearing any of that in the ânews,â is because these are inconvenient black people saying inconvenient things and demanding inconvenient societal introspection and change. If this isnât partly an attempt to save face with the white constituency for future political runs by the prosecutor, then itâs at least an attempt to find a âmiddle groundâ that allegedly assuages the black communityâs concerns and avoids riling up the myriad factions of white people in MN who would be outraged at how âPCâ it was to charge these racist bitches appropriately.
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Youâll have to pardon my cynicismâŚthis is the same paragon of a county prosecutor who has not lifted a single finger or said a single thing other than to repeatedly pass the buck to a crippled grand jury process that wonât indict a cop over the Jamar Clark street murder that started this whole mess. Youâll forgive me if I donât hold my breath that Freeman is going to make his charges stick. And yes, Iâve lived most of my life and am a current Hennepin county resident.
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Iâm not sure heâs going to get very far as a Democrat with this strategy.
Each of the counts for the guy who did the shooting carries 10 years. Itâs all about what you can prove. It was a terrible thing and I hope those morons rot, but theyâll get serious time under the assault charges without fear that some random juror will send them home based on their confused understanding of intent. That happens time and time again and it makes me want to beat my head on the wall.
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WTF about attempted fucking murder thereâŚ
âŚand is the driver (assuming the shooter wasnât also driving) not an accessory?
Each of the others are facing five years per charge.
10 years is nothing for shooting into a crowd an hitting 5 people. What this is, is a prosecutor not wanting to do the heavy lifting or upset the folks too much who think it was self-defense âcuz dem negroes wuz following dem poor boys!!!â He wants to make this quick, easy, noncontroversial and not have his career âstainedâ by going all-out on these white guysâŚin contrast to the way he would certainly attempt to prove his âtough on crimeâ bona fides by getting some black kid 10 years or more for smoking a joint or selling a dime bag on the corner.
The charges being brought could be accompanied by the justified heavier charges as well, and there is a process for asking for, trying to get and even instructing the jury on the âlesser includedâ offenses while he seeks the maximum. I still donât buy it for even one second that wanton and reckless disregard or depraved indifference to human life is not easily proven here. The fact that nobody died is a miracle, not evidence that he had no intent to kill or maim.
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