General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat response would an indictment of Wilson for voluntary manslaughter elicit?
What do you think?
I don't buy the conspiracy theorists that say the fix is in or that a decision has been made or that they outcome was known and pre-determined. As of this afternoon, the grand jury was still in session and had not yet reached a decision.
It is not impossible that they will reach or have reached a decision that charges Wilson with some criminal liability but is shirt of murder.
I think there will be some exercise of the rights of association and expression regardless of the outcome. How will those marches or protests look different if there is an indictment?
This is still the call of 9 of 12 individual citizens. It is up to them. I read nothing into the local and national cops girding their loins for war. That is indicative of nothing other than their racism and itch to fight. And Wilson negotiating a separation is as consistent with a concern that he is about to be indicted as it is that he is about to be absolved.
No one yet knows the outcome. How will it look if Wilson is indicted on some theory of homicide?
morningfog
(18,115 posts)KingCharlemagne
(7,908 posts)and 'murder' charge (aside from lighter\lengthier sentences)?
morningfog
(18,115 posts)unlawful death. Voluntary manslaughter is the wrongful killing with mitigating circumstances, such as, sudden combat and improper self defense. I can easily envision a scenario where the grand jury finds that Wilson started in self defense but then went way too far and it wasn't proportionate. That would be voluntary manslaughter.
The proof needed is lower, defenses weaker and sentence lighter.
KMOD
(7,906 posts)While Wilson has told associates he would resign to help ease pressure and protect his fellow officers, he has expressed concern about resigning while the grand jury was still hearing evidence for fear it would appear he was admitting fault.
The talks could still collapse, the sources close to the talks said. Wilson doesn't know what the grand jury will do and, if they opt to charge him, he could change his mind.
http://www.cnn.com/2014/11/21/us/ferguson-grand-jury-ruling/index.html?hpt=hp_t1
It sounds to me like he feels there is a chance he will be indicted on some charge, and does not want to resign before the decision, as it would make him appear he was at fault. In other words, he plans to fight any charges they may choose to bring.
My take, anyway.
joshcryer
(62,276 posts)If you are acquitted you get a lot of back pay.
Win-win.
SickOfTheOnePct
(7,290 posts)No worries about back pay.
And regardless of what happens, he can never be a cop in that town again.
joshcryer
(62,276 posts)...he can get indicted and not get any pay during the trial. As it stands now he gets paid for the downtime.
morningfog
(18,115 posts)If you were Wilson would you even want to return to that force? Or any force? I wouldn't.
joshcryer
(62,276 posts)There's no question that his lawyers and union guys are supporting his separation negotiation. That's their job. He wouldn't be able to work in that town again, probably no town.
I was just pointing out that if there's a potential for a lengthy trial it would be more profitable to wait until the decision came down before resigning.
morningfog
(18,115 posts)Even more so of they think he is going to be indicted. It would be better optics for the town to cut ties.
joshcryer
(62,276 posts)Making him resign before any charges are filed would weaken their position, that means that any cop who gets protested would be compelled to resign, etc.
Roorda (the union guy) and Bruntrager (Wilson's lawyer) are keeping every option they have available, they aren't going to resign before an indictment comes down.
morningfog
(18,115 posts)The reports today certainly suggested a resignation was forthcoming.
joshcryer
(62,276 posts)I think saving the resignation until after the decision doesn't tell us anything about what they think will happen. It seems like it would signal something but it really sounds procedural at this point and it's being offered up beforehand so that all the settlements can be had and he can get out of town without any issues cropping up and it can blow over.
Unless it goes to trial, of course. In which case he won't be resigning. He'll "be" a cop until the day the judgement comes down.
KMOD
(7,906 posts)SickOfTheOnePct
(7,290 posts)That's what a trial is all about.
KMOD
(7,906 posts)the point I was making, is that it is not a foregone conclusion that he will walk.
branford
(4,462 posts)It would not be considered evidence of any criminal conduct unless he actually made admissions as part of the resignations, which I highly doubt to be the case.
KMOD
(7,906 posts)if the grand jury decides their is evidence to bring charges.
branford
(4,462 posts)Unless you're referring to the effects on selecting a jury pool, the act of resigning would still not be evidence of wrongdoing, and would also likely be excluded as being far more prejudicial than probative.
I personally believe that the resignation is simply a practical acknowledgment that Wilson can no longer work in Ferguson due to community distrust. However, without proof of actual wrongdoing, union and civil service protections prevent his involuntary termination. I assume he is simply negotiating a severance package.
KMOD
(7,906 posts)but it is not in his best interest to resign prior to the Grand Jury decision.
Erich Bloodaxe BSN
(14,733 posts)It would flip the various leaks on their head, mean that the Governor has acted on bad info, and show a bit of sophistication on the grand jury's part, that despite the CYA vagueness on the part of the prosecutor, they still managed to understand the laws and how they applied.
Of course, even then, it's just a beginning. There's still a trial to go through, and plenty of time for the prosecutor to try to lose by offering up as crappy a prosecution as the Florida team did against Zimmerman.
morningfog
(18,115 posts)Nothing about how the vote is going.
I don't know that the governor is acting on bad intelligence. I think he is acting out of fear and uncertainty. He is trying to pre-empt with a show of force to lessen the comfort of any would be protestors. I don't think he is acting out of knowledge, but out of fear or anticipation.
And there will be protests even with an indictment.
My fear is that after an indictment for a charge less than murder, the people will come out some in a show of solidarity, peace and justice (beginning) while others come out in anger that the charge isn't murder. The cops respond with overreaction and violence and everything g ones to hell. That would be the worst.
helpmetohelpyou
(589 posts)"The leaks have only relayed potions of evidence"
You notice not one leak was damaging to Wilsons case
I see him walking
These leaks were orchestrated in this manner for a purpose
morningfog
(18,115 posts)The exculpatory stuff was new and there is a clear incentive for those who gave exculpatory testimony in support of Wilson to have their pieces leaked.
helpmetohelpyou
(589 posts)They wanted to leak the forensics where in my humble opinion will be and has been
what the grand jury has focused on.
If they have 10 people before them tell 3 different tales of what they saw they discount it all
and only focus on forensics
I wrote in another thread what I really believe happened in those few seconds
Where MR Brown was shot , it was Wilson panicking believing that MR Brown
wasn't following his commands
MR Brown after being shot through the hand , one of the most painful places in the body to be shot
by the way.
Coupled with both of their ears ringing and having sudden temporary hearing loss
It just all went to hell
branford
(4,462 posts)Those opposing Wilson appeared more than happy to speak to the press and activists. The family also publicly released their own autopsy (one of three including the leaked official autopsy and thus far confidential federal autopsy).
I assume that, although do not condone, the exculpatory leaks were intended to level the field and balance preconceived notions of any potential jury pool in the event of a state or federal prosecution.
loyalsister
(13,390 posts)also probably agreement to not forget the others and to stay vigilant.
I am personally worried about what kind of anger might spill from Wilson's supporters.