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Oct 24 2020 09:55am
Quote (bogie160 @ Oct 24 2020 10:33am)
There were no grounds to prosecute a murder case. The AG saved everyone a lot of time and money.


There's grounds for involuntary manslaughter under KY law.

https://statelaws.findlaw.com/kentucky-law/kentucky-involuntary-manslaughter-law.html

Quote
his article focuses on Kentucky's second-degree manslaughter law (referred to as involuntary manslaughter in many other states), but before outlining the specifics of this crime it's important to understand where on the spectrum of criminal homicides manslaughter falls. Here is a brief outline of how homicide crimes are generally defined in descending order of severity:

Murder: The unlawful killing of another with malice under circumstances defined by each state.
Manslaughter: The unlawful killing of another without malice.
Voluntary manslaughter: An intentional killing where the killer didn't previously intend to kill the victim. An example would be a heat of passion killing.
Involuntary manslaughter: An unintentional killing that results from criminal negligence.


KY negligence:

https://statelaws.findlaw.com/kentucky-law/kentucky-negligence-laws.html

Quote
egligence Cases

In order for any negligence claim to be successful, the plaintiff must several elements of a negligence case:

Duty: the defendant owed the plaintiff a duty of care;
Breach of Duty: the defendant failed to meet that duty;
Cause in Fact: but for the defendant’s failure, the plaintiff would not have been injured;
Proximate Cause: the defendant’s failure (and not something else) caused the plaintiff’s injury; and
Damages: the plaintiff has actually been injured and suffered some loss.


Duty of care:

https://en.wikipedia.org/wiki/Duty_of_care

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In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).

Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.


All of this is pretty bulletproof. There is ENOUGH evidence that this crime occurred, and therefore the grand jury could easily render an indictment for a trial to determine whether enough evidence exists to prove guilt.
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Oct 24 2020 09:58am
Quote (Skinned @ 24 Oct 2020 11:48)
Joke went way above your head that time.

oh you’re joking now. your prior emotional rants in this topic seemed pretty serious
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Oct 24 2020 10:24am
Quote (Santara @ Oct 24 2020 11:55am)
There's grounds for involuntary manslaughter under KY law.

https://statelaws.findlaw.com/kentucky-law/kentucky-involuntary-manslaughter-law.html



KY negligence:

https://statelaws.findlaw.com/kentucky-law/kentucky-negligence-laws.html



Duty of care:

https://en.wikipedia.org/wiki/Duty_of_care



All of this is pretty bulletproof. There is ENOUGH evidence that this crime occurred, and therefore the grand jury could easily render an indictment for a trial to determine whether enough evidence exists to prove guilt.


The police officers were executing a warrant. They entered the premise at which point someone fired at them while they fired back. What is the criminal negligence on their part?
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Oct 24 2020 10:31am
Quote (ofthevoid @ Oct 24 2020 11:24am)
The police officers were executing a warrant. They entered the premise at which point someone fired at them while they fired back. What is the criminal negligence on their part?


To duty to understand where their fucking bullets are flying.
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Oct 24 2020 10:33am
Quote (Santara @ Oct 24 2020 12:31pm)
To duty to understand where their fucking bullets are flying.


lol

easy to Monday morning qb from a computer without having bullets flying in your direction and having to make decisions in split seconds in the darkness
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Oct 24 2020 10:36am
Quote (ofthevoid @ Oct 24 2020 11:33am)
lol

easy to Monday morning qb from a computer without having bullets flying in your direction and having to make decisions in split seconds in the darkness


Get this... they put themselves into the position of having to make such decisions.
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Oct 24 2020 10:41am
Quote (Santara @ Oct 24 2020 12:36pm)
Get this... they put themselves into the position of having to make such decisions.


They were executing a lawful warrant. They are not criminally responsible for being there.
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Oct 24 2020 10:55am
Quote (bogie160 @ Oct 24 2020 11:41am)
They were executing a lawful warrant. They are not criminally responsible for being there.


That does not absolve them of their duty of care.
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Oct 24 2020 10:58am
Quote (Santara @ Oct 24 2020 11:55am)
That does not absolve them of their duty of care.


Especially since the standard for indictment is super low. Being able to indict a ham sandwich comes to mind
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Oct 24 2020 11:50am
Quote (ofthevoid @ Oct 24 2020 09:28am)
Jurors instructed to be part of a cover up. :rolleyes: ok

You realize how tinfoily that sounds? Pretty sure anyone trying to do this would immediately be dissuaded from doing so because the blow back would be extremely significant.


The jurors are speaking about it in the article, this is the second one to do so and it wasn't presented to them as a "cover up" that they would be complicit in. They were simply lied to followed by the people involved lying to the public. That's what i gather from the info so far.

This post was edited by duffman316 on Oct 24 2020 11:50am
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