Quote (Surfpunk @ Jun 26 2017 11:21am)
And of course, the cops are going to say he really feared for his life.
He said, she said.
The fact that it's a he said she said is why he was found not guilty. I think I would've had a tough time convicting him, but would've found him guilty of involuntary manslaughter. It wasn't murder because you clearly have no mens rea. His intent was not to kill an innocent, so you have no mens rea to convict. Voluntary manslaughter is like the Shawshenk Redemption murder, something in the heat of passion you freak out and kill someone in a form of diminished intent. Voluntary manslaughter would be a little bit of a reach, but yeah that might've been semi-fair. In involuntary manslaughter, you don't need the intent, just the action lacking malice, but knowing the potential consequence. His negligent action resulted in the death, so I think you have to convict him of involuntary manslaughter.
Probably worthy of a few years in jail. If he had gone up and given better instruction and said step by step what to do, this wouldn't have happened. Granted, the driver shouldn't have reached for his pocket within seconds of mentioning he had a gun, that was probably a mistake, but he shouldn't have been killed for it because the officer should've acted more appropriately and he failed to do that.
That's my take.