[martin14]

andyt andyt:

So he should lose his job. I don't see him having murder or attempted murder on this mind tho. He had no motive for it that I've heard about.

Maybe the jury decided he needed to be guilty of something, but not murder.
So they convicted on attempted murder, because that was the only choice they had left.

[Thanos]

Sets it up for a successful appeal. Somewhere along the lines a different judge is going to call BS on this one because you can't attempt to murder someone you already killed. There's no logic to it at all. When this is all finished he'll probably be free and end up getting fired for something like reckless use of a department issue firearm while on duty, and that's it.

[BeaverFever]

andyt andyt:

. I don't see him having murder or attempted murder on this mind tho. He had no motive for it that I've heard about.

As I mentioned before, when you unintentionally fire a gun at someone, murder or attempted murder are common charges because any reasonable person would understand that doing so is likely to kill and therefore the intent to kill is automatically presumed.

[BeaverFever]

Thanos Thanos:

Sets it up for a successful appeal. Somewhere along the lines a different judge is going to call BS on this one because you can't attempt to murder someone you already killed. There's no logic to it at all. When this is all finished he'll probably be free and end up getting fired for something like reckless use of a department issue firearm while on duty, and that's it.

Yatim was still alive when Forcillo put the second volley in him. He died minutes after, but from the first bullets. A serious Assault with a firearm charge could be the only other possible outcome.

IM not sure but thought I'd heard that the buddy cop who came along after and then tasered the then-dead Yatim twice was charged with indignity to a corpse but I can't find the link.

[andyt]

BeaverFever BeaverFever:

andyt andyt:

. I don't see him having murder or attempted murder on this mind tho. He had no motive for it that I've heard about.

As I mentioned before, when you unintentionally fire a gun at someone, murder or attempted murder are common charges because any reasonable person would understand that doing so is likely to kill and therefore the intent to kill is automatically presumed.

I think you meant intentionally? I've seen lots of cases that are charged as manslaughter in such a situation. But those are civilians not firing in self-defense. They did mean to harm the person they were shooting. If Yatim didn't have a knife, I would say the cop should get everything coming to him. But with a knife, to parse whether Yatim was coming at him or just walking forward. In Vancouver we had a homeless guy wielding an X-acto knife get shot while surrounded by cops. There was a bit of outcry of course, but that's it. The cop was not charged or reprimanded.

[BeaverFever]

$1:

I think you meant intentionally?

I unintentionally typed unintentionally; intentionally was my intention. I must not have been inattentive. I mean attentive.