Police Shooting USA. Rayshard Brooks.

Overheal

Danzy wrote: »

That's the spirit.

Brooks family now safe.
Atlanta residents safer.
Hot head Cop off the street.

There is always some commonality.

That family was already going through a lot. I don't know how they felt about Rayshard, but I know that's been effectively a single parent home that seemingly was already struggling and that now has to pay out of pocket to bury a mess the police helped make.

I don't know the circumstances of his convictions was or the severity of the cruelty he was convicted for, so I honestly can't say if, for example, it's akin to what I went through, and it was just overzealous prosecution, or if it was more sinister. He seemed like an agreeable human being while interacting with the pair of cops for almost the entire interaction, and something took over him when he knew he violated his parole.

I Am Nobody

Overheal wrote: »

2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 5 - CRIMES AGAINST THE PERSON
ARTICLE 5 - CRUELTY TO CHILDREN
§ 16-5-70 - Cruelty to children
O.C.G.A. 16-5-70 (2010)
16-5-70. Cruelty to children


(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.

(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.

(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.

(d) Any person commits the offense of cruelty to children in the third degree when:

(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or

(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.

(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years.

(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.

Torture under US law is ever only:

torture
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

So your conflation (and others) of cruelty to torture is out of bounds.

https://www.justice.gov/file/18791/download (page 3)

So accordingly Brooks was convicted under one of those statues.

Rodin

Danzy wrote: »

That's the spirit.

Brooks family now safe.
Atlanta residents safer.
Hot head Cop off the street.

There is always some commonality.

The Brooks family are now safe indeed.

Overheal

BattleCorp wrote: »

To be fair, I don't have to work too hard to smear the memory of Brooks. He has a very dodgy past.

Check out his rap sheet in the link below.

And by the way, that rap sheet has nothing to do with why he was killed. He was killed pure and simple because of his actions on the night he decided to drunk drive, resist arrest, assault two police officers, steal a police issue taser and fire it at a cop forcing the cop to defend himself with lethal consequences.

Let's call up the cops rap sheet. He's had several complaints filed against him including 1 prior incident for use of excessive force involving a firearm. Now that you want to have this argument let's have it both ways.

Stateofyou

weldoninhio wrote: »

Innocent, until proven guilty.

Rayshard was guilty and then dead, oops!

Overheal

I Am Nobody wrote: »

So accordingly Brooks was convicted under one of those statues.

Correct, and not a one of them is torture, despite dozens of posts from several users here mischaracterizing it as such.

Overheal

Rodin wrote: »

The Brooks family are now safe indeed.

They will be lucky if they don't receive death threats.

weldoninhio

Overheal wrote: »

That family was already going through a lot. I don't know how they felt about Rayshard, but I know that's been effectively a single parent home that seemingly was already struggling and that now has to pay out of pocket to bury a mess the police helped make.

I don't know the circumstances of his convictions was or the severity of the cruelty he was convicted for, so I honestly can't say if, for example, it's akin to what I went through, and it was just overzealous prosecution, or if it was more sinister. He seemed like an agreeable human being while interacting with the pair of cops for almost the entire interaction, and something took over him when he knew he violated his parole.

They’ve to pay nothing. His brother asked for a celeb to pay in the first press conference and Tyler Perry has said he’ll pay for it.

Rodin

BattleCorp wrote: »

I just read here now that the police officer has been charged. I'm still holding to my belief that the Brooks shooting was justified. I may be proved wrong but time will tell.

Can I ask a question please? Are you involved with the US police department. Because if I am some dude on an Irish internet forum who is not involved with the US, the US police department or the US government, I'm assuming you are seeing as you are equally forthcoming with your opinion that the shooting was unjustified.

Can you clarify that for me please? Why is it ok for you to have an opinion but I can't have an opinion just because it differs from your one?

Surprise, surprise. The DA is black also.

I Am Nobody

Overheal wrote: »

Let's call up the cops rap sheet. He's had several complaints filed against him including 1 prior incident for use of excessive force involving a firearm. Now that you want to have this argument let's have it both ways.

What was the end ruling of the excessive charge?

Danzy

Overheal wrote: »

That family was already going through a lot. I don't know how they felt about Rayshard, but I know that's been effectively a single parent home that seemingly was already struggling and that now has to pay out of pocket to bury a mess the police helped make.

I don't know the circumstances of his convictions was or the severity of the cruelty he was convicted for, so I honestly can't say if, for example, it's akin to what I went through, and it was just overzealous prosecution, or if it was more sinister. He seemed like an agreeable human being while interacting with the pair of cops for almost the entire interaction, and something took over him when he knew he violated his parole.

True.

I'm sorry to hear about your own experience.

weldoninhio

Overheal wrote: »

That family was already going through a lot. I don't know how they felt about Rayshard, but I know that's been effectively a single parent home that seemingly was already struggling and that now has to pay out of pocket to bury a mess the police helped make.

I don't know the circumstances of his convictions was or the severity of the cruelty he was convicted for, so I honestly can't say if, for example, it's akin to what I went through, and it was just overzealous prosecution, or if it was more sinister. He seemed like an agreeable human being while interacting with the pair of cops for almost the entire interaction, and something took over him when he knew he violated his parole.

They’ve to pay nothing. His brother asked for a celeb to pay in the first press conference and Tyler Perry has said he’ll pay for it. And pay for his kids to go to college.

Spon Farmer

weldoninhio wrote: »

No. Looks like Tyler Perry is paying.

Why?

Have you link? I can't find it.

I have to hear this impassioned plea.

BattleCorp

Overheal wrote: »

Let's call up the cops rap sheet. He's had several complaints filed against him including 1 prior incident for use of excessive force involving a firearm. Now that you want to have this argument let's have it both ways.

I'm not claiming that the cops are good as gold. Not by a long shot.

Yes, I smeared Brooks in an earlier post. For the sake of moving on, I'll admit that my use of the word torture might have been a stretch. Brooks wasn't a model citizen, he had an extensive past and I see nothing wrong with mentioning that. But here goes, I apologise for using the word torture.

But that has absolutely nothing to do with why brooks was shot. You said it yourself in an earlier post that Brooks was behaving properly for most of the interraction, right up until the cuffs came off.

It's those actions that are the reason Brooks isn't here today. Not my use of the word torture.

Overheal

weldoninhio wrote: »

They’ve to pay nothing. His brother asked for a celeb to pay in the first press conference and Tyler Perry has said he’ll pay for it.

Lucky for them this scenario captured national attention. I feel bad for the next time when it doesn't.

The point being the system is designed so that when a cop kills someone they keep their pension they keep their house etc. and the family of the victim is left to rot or to have to put up a huge fight to see any compensation.

Overheal

I Am Nobody wrote: »

What was the end ruling of the excessive charge?

The end ruling was a blue wall of silence slap on the wrist.

Spon Farmer

Overheal wrote: »

Well yeah we have one less hot head cop on the street tonight.

Hothead?

Overheal

Spon Farmer wrote: »

Hothead?

https://www.theguardian.com/us-news/2020/jun/17/rayshard-brooks-shooting-police-officer-cover-up-accusations-garrett-rolfe

"The Atlanta police officer who shot and killed Rayshard Brooks was accused of covering up an earlier shooting he and other officers participated in, according to a judge who reviewed the case."

"In August 2015, Rolfe and two other officers opened fire on Jackie Jermaine Harris, who they chased after he was caught driving a stolen truck, the Guardian can reveal after reviewing court documents on the incident.

However, the shooting was not reported by the police involved. Harris, like Brooks, is African American.

Harris rammed a police vehicle and officers shot at him several times inside the truck, striking Harris once and collapsing his lung. Harris survived and later pleaded guilty to charges including theft, property damage, fleeing arrest and damaging a police vehicle.

Judge Doris L Downs, during a 2016 court hearing, called the case a “disaster” and said “it’s the wildest case I’ve seen in my 34 years here.”

Downs said she was so troubled by officers failing to report the shooting that she wanted the matter investigated.

“None of the police put in the report that they shot the man – none of them. And they sent him to Grady [Memorial Hospital] with collapsed lungs and everything, and the report doesn’t mention it,” Downs said.

“I am ethically going to be required to turn all of them in.”

Downs even suggested state and federal authorities get involved."

"Rolfe was apparently not disciplined, according to a personnel file released by Atlanta police on Tuesday, which listed the 2015 incident only as a “firearm discharge” but did not say how the department addressed the incident. Rolfe could not be reached for comment.

Harris’s attorney Serena Nunn said police admitted in their report that Harris had been injured during the incident – but not that police shot him.

She said: “Being shot in the back and ultimately having your lung collapse is something more than an injury that was caused during the incident.”

“We do expect officers to uphold the law. I cannot think of a plausible reason as to why they would have omitted that information [about the shooting],” Nunn told the judge.

The prosecutor could not say why the shooting was not in the report.

Han Chung, who was then a Fulton county assistant district attorney, said: “I’ve heard some plausible reasons why this may have occurred. Now, I don’t know how credible those plausible reasons may be, and I haven’t heard it from those officers first-hand.”

Rolfe was the subject of four citizen’s complaints during his six years on the force, none of which were sustained by police. The department disciplined him for three other incidents, including once for “use of force” involving a firearm, a year after the Harris shooting."

I don't have any doubt this prior incident is why he was fired so quick and why Shields resigned.

Stateofyou

BattleCorp wrote: »

I just read here now that the police officer has been charged. I'm still holding to my belief that the Brooks shooting was justified. I may be proved wrong but time will tell.

Can I ask a question please? Are you involved with the US police department. Because if I am some dude on an Irish internet forum who is not involved with the US, the US police department or the US government, I'm assuming you are seeing as you are equally forthcoming with your opinion that the shooting was unjustified.

Can you clarify that for me please? Why is it ok for you to have an opinion but I can't have an opinion just because it differs from your one?

My "opinion" is based on the actions of the police dept who employed him and then fired him after this incident, and placing the other officer on administrative leave. He has now been charged with a felony murder charge. These are facts, not my opinion.
If the police officer was justified, and acting according to training and policy, he wouldn't have been fired or charged now would he? A step that historically, has been impossible and unachievable for most police killings.
Also I am relying on the fact that both sides of the US government are now calling out the bias and problematic issues that exist in the US police force. And Trump, though the guy is a complete incompetent, is the one who is politically motivated by issuing an executive order because even he has admitted that he has to act and true to form, blamed Obama for not fixing the problems that exist in the police depts in the 8 years he was president. :rolleyes:

https://edition.cnn.com/2020/06/14/us/george-floyd-national-police-reforms/index.html

Spon Farmer

weldoninhio wrote: »

They’ve to pay nothing. His brother asked for a celeb to pay in the first press conference and Tyler Perry has said he’ll pay for it.

Dude, link please.

weldoninhio

Overheal wrote: »

Let's call up the cops rap sheet. He's had several complaints filed against him including 1 prior incident for use of excessive force involving a firearm. Now that you want to have this argument let's have it both ways.

You missed out the part where he was exonerated of all citizen complaints against him.

Stateofyou

BattleCorp wrote: »

I'm not claiming that the cops are good as gold. Not by a long shot.

Yes, I smeared Brooks in an earlier post. For the sake of moving on, I'll admit that my use of the word torture might have been a stretch. Brooks wasn't a model citizen, he had an extensive past and I see nothing wrong with mentioning that. But here goes, I apologise for using the word torture.

But that has absolutely nothing to do with why brooks was shot. You said it yourself in an earlier post that Brooks was behaving properly for most of the interraction, right up until the cuffs came off.

It's those actions that are the reason Brooks isn't here today. Not my use of the word torture.

Thats decent of you to admit.

Though your use of the word torture also isn't the reason why Brooks isn't here today. It's due to the fact that he was shot multiple times in the back while running away. An action that police officer was fired for and charged with Felony Murder charges.

weldoninhio

Spon Farmer wrote: »

Why?

Have you link? I can't find it.

I have to hear this impassioned plea.

Haven’t a link to the brother, but I’m fairly sure it was the first press conference they did.

Spon Farmer

Overheal wrote: »

https://www.theguardian.com/us-news/2020/jun/17/rayshard-brooks-shooting-police-officer-cover-up-accusations-garrett-rolfe

"The Atlanta police officer who shot and killed Rayshard Brooks was accused of covering up an earlier shooting he and other officers participated in, according to a judge who reviewed the case."

That doesn't make him a hothead.

A hotheaded is a person who acts impetuously.

How do you know he wasn't calm and collected in that earlier shooting?

Or that he wasn't in a state of surprise like in the video for the Brooks shooting in which he actually looked afraid.

Plus there is that 40 minute conversation in which he was perfectly calm and pleasant. I'm not a hot head and I would have lost my **** with Brooks after 10 minutes.

Mic 1972

Stateofyou wrote: »

Rayshard was guilty and then dead, oops!

he got himself killed, oops

Overheal

weldoninhio wrote: »

You missed out the part where he was exonerated of all citizen complaints against him.

Now, we just cleared the air about another word irresponsibly bandied about, let's not start another. He wasn't "exonerated" - the complaints 'were not sustained' by the police department, ie. they didn't agree with the complaints and claimed to find no corroboration. Exoneration by definition is when you do in fact find proof of a negative - eg. proof my client was in Switzerland when the murder took place. "We didn't find anything" isn't exonerative so much as inconclusive.

Rodin

Overheal wrote: »

https://www.theguardian.com/us-news/2020/jun/17/rayshard-brooks-shooting-police-officer-cover-up-accusations-garrett-rolfe

"The Atlanta police officer who shot and killed Rayshard Brooks was accused of covering up an earlier shooting he and other officers participated in, according to a judge who reviewed the case."

"In August 2015, Rolfe and two other officers opened fire on Jackie Jermaine Harris, who they chased after he was caught driving a stolen truck, the Guardian can reveal after reviewing court documents on the incident.

However, the shooting was not reported by the police involved. Harris, like Brooks, is African American.

Harris rammed a police vehicle and officers shot at him several times inside the truck, striking Harris once and collapsing his lung. Harris survived and later pleaded guilty to charges including theft, property damage, fleeing arrest and damaging a police vehicle.

Judge Doris L Downs, during a 2016 court hearing, called the case a “disaster” and said “it’s the wildest case I’ve seen in my 34 years here.”

Downs said she was so troubled by officers failing to report the shooting that she wanted the matter investigated.

“None of the police put in the report that they shot the man – none of them. And they sent him to Grady [Memorial Hospital] with collapsed lungs and everything, and the report doesn’t mention it,” Downs said.

“I am ethically going to be required to turn all of them in.”

Downs even suggested state and federal authorities get involved."

"Rolfe was apparently not disciplined, according to a personnel file released by Atlanta police on Tuesday, which listed the 2015 incident only as a “firearm discharge” but did not say how the department addressed the incident. Rolfe could not be reached for comment.

Harris’s attorney Serena Nunn said police admitted in their report that Harris had been injured during the incident – but not that police shot him.

She said: “Being shot in the back and ultimately having your lung collapse is something more than an injury that was caused during the incident.”

“We do expect officers to uphold the law. I cannot think of a plausible reason as to why they would have omitted that information [about the shooting],” Nunn told the judge.

The prosecutor could not say why the shooting was not in the report.

Han Chung, who was then a Fulton county assistant district attorney, said: “I’ve heard some plausible reasons why this may have occurred. Now, I don’t know how credible those plausible reasons may be, and I haven’t heard it from those officers first-hand.”

Rolfe was the subject of four citizen’s complaints during his six years on the force, none of which were sustained by police. The department disciplined him for three other incidents, including once for “use of force” involving a firearm, a year after the Harris shooting."

I don't have any doubt this prior incident is why he was fired so quick and why Shields resigned.

I stopped after "rammed a police vehicle"...seems to be a pattern here...
I'd have shot him too

Overheal

Spon Farmer wrote: »

That doesn't make him a hothead.

A hotheaded is a person who acts impetuously.

How do you know he wasn't calm and collected in that earlier shooting?

Or that he wasn't in a state of surprise like in the video for the Brooks shooting in which he actually looked afraid.

Plus there is that 40 minute conversation in which he was perfectly calm and pleasant. I'm not a hot head and I would have lost my **** with Brooks after 10 minutes.

adjective. of, relating to, or characterized by sudden or rash action, emotion, etc.; impulsive: an impetuous decision; an impetuous person. having great impetus; moving with great force; violent: the impetuous winds.

He shot at a perp, collapsed his lung, then none of the officers reported that the guy was shot. What else do you call it

Overheal

Rodin wrote: »

I stopped after "rammed a police vehicle"...seems to be a pattern here...
I'd have shot him too

you should really, really keep reading.

BattleCorp

Stateofyou wrote: »

Though your use of the word torture also isn't the reason why Brooks isn't here today. It's due to the fact that he was shot multiple times in the back while running away. An action that police officer was fired for and charged with Felony Murder charges.

Running away with a police issue taser that he had just stolen and fired at a police officer moments after assaulting them and had the potential to stop and fire it at them again.

By the way, are you attributing any blame whatsoever to Brooks for the incident?