WaPo: 2 Arrested For Assault Of Capitol Police Officer Who Later Died After Jan. 6 Attack | Talking Points Memo

Your fountain of utter bullshit needs to be turned off.

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At one point @occamscoin explained to me that there are only certain predicate crimes that warrant the fed murder charge as an add-on.

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That’s usually the case.

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I’m not lamenting about Merrick Garland. He would not have been my pick for the job, but he deserves a chance to do his job, so I’m in the wait and see group. I’ll judge him by his actions.

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Bear spray contains capsaicin which is a known allergen and can cause intense allergic reactions in some people. Being sprayed right in the face and inhaling a large dose could be particularly harmful and is possibly the cause of Officer Sicknick’s death. These guys should be charged with murder if an autopsy showed death came form an allergic reaction or lung damage.

An important step toward accountability for the homicide of USCP Officer Brian Sicknick. It’s routine to arrest the attackers on most readily provable charge (assault) then build to a murder charge during the grand jury investigation. #JusticeMatters https://t.co/hfdBY743Lr

— Glenn Kirschner (@glennkirschner2) March 15, 2021
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There have been some indications that the prosecutors are keeping open the possibility of bringing actual insurrection charges against the more organized leaders such as the Proud Boys and Oathkeepers. But that’s going to be at the level of the US Attorney’s office, not at the AG level. I fully expect Garland to reinstate the norm that the AG does not get involved in charging decisions.

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You are lamenting a future outcome which will probably not happen judging from Garland’s past actions

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IIRC, the early reports of a fire extinguisher (they got the guy on camera and he was in the FBI BOLO list, don’t know if they picked him up) thrown into a group of cops on the terrace were assumed to be Sicknick’s cause of death but it’s never been clarified. They may be two separate incidents with different cops. But when that extinguisher was tossed, it hit 2 or 3 folks.

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The exchange between them goes to intent:

Tanios allegedly said “Hold on, hold on, not yet, not yet… its still early

They had clearly planned and prepared for violence and lawbreaking. Else, how could it be too early to start the violence and lawbreaking

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The one that was photographed being thrown at the cops was taken from inside the Capitol. There are shots of someone passing it out the window, someone setting it down outside and then the different BOLO’ed jerk almost off0handedly tossing at the group of cops.

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There are multiple videos of many fire extinguishers being tossed at police and others. I’m sure the Capitol building has extinguishers hanging everywhere. People probably passed them from the inside to those outside. I saw many clips of them being emptied toward police lines.

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I have never seen Kirschner so happy in such a long time.

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Yes. I am wondering if there aren’t murder charges as they are on video only using bear spray. Supposedly, he was hit in head with fire extinguisher and we don’t see that on video for these two.
Perhaps, the person using fire extinguisher will be charged with murder?
Or did Sicknick not die due to head wounds but from sepsis he acquired in hospital?

If there is in fact a felony-murder statute for DC, that can still apply. The idea in felony-murder is that the perps were acting with malicious intent from the get-go (out to commit felonies) and anyone who gets taken out along the way can be counted as having been murdered. IOW, someone dies because they were “in the way” while you’re committing a felony, that becomes a felony-murder. That’s the whole idea for these statutes

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Almost certainly not sepsis. Way too short an interval. My guess is a brain bleed. You can get intracranial bleeding without a skull fracture, even (iirc) without loss of consciousness.

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Merely his having been disabled by the bear spray might be enough for a felony-murder charge, which has a substantially lower bar than regular murder

A thread

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I once knew a guy that went to the hospital feeling ill. Dead 24 hours later. Sepsis. It can and often does kill quickly.

https://www.irishexaminer.com/news/arid-30824690.html#:~:text=Sepsis%20is%20a%20bigger%20killer,lung%20cancer%20or%20breast%20cancer.&text=By%20Evelyn%20Ring-,Sepsis%20is%20a%20bigger%20killer%20than%20heart%20attacks%2C%20lung%20cancer,is%20a%20fast%20killer%20too.

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Flick says he saw some grizzly bears near Pulaski’s Candy Store.

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