Is the Capitol Officer Murder Case Is Falling Apart?

StuAzole

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Jan 22, 2016
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Hal brought this "busted myth" up for the umpteenth time like he's got "facts" on his side.

And yes, nothing to do with Capitol riots AT ALL. Just more diversion vapor from Hal.
Actually I asked why military folks would hate Dems so much they’d storm the Capitol. The answer I got was Vietnam. Derp.
 
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GDaddy

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Jan 17, 2006
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Carlsbad
It doesn't look like there's any proof the bearspray was even the cause of the death. It's a desperate and unproven theory at this point, otherwise it would have been outlawed years ago when people first started using it on other people.

The suspect gets what he gets for the assault, but IRL that's about the extent of it.
 
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sizzld1

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Mar 31, 2009
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None of us know what the truth is. But since we're speculating. There's no way to rule any kind of spray irritant out. Individual susceptibility is a real thing. So is the eggshell plaintiff rule and felony murder laws. You should know that.
 
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hal9000

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Jan 30, 2016
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It doesn't look like there's any proof the bearspray was even the cause of the death. It's a desperate and unproven theory at this point, otherwise it would have been outlawed years ago when people first started using it on other people.

The suspect gets what he gets for the assault, but IRL that's about the extent of it.

Unproven theory is a nonsensical statement.

You meant "untested hypothesis".
 
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Clayster

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Oct 26, 2005
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You started a thread defending the people who beat a cop to death

The cop wasn't beaten to death. NY Times, which ran the initial story based on an anonymous source, has since retracted it and won't reveal their source.

There was NO medical evidence of blunt force trauma. They don't know at present why he died.
 

GDaddy

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None of us know what the truth is. But since we're speculating. There's no way to rule any kind of spray irritant out. Individual susceptibility is a real thing. So is the eggshell plaintiff rule and felony murder laws. You should know that.
They reportedly can't even prove a connection between those events and his death. So they've got a long ways to go before anyone can seriously speak of the applicability of the Felony Murder Rule.

I guess it's too bad for the left that he didn't die a few hours later that day the way most people interpreted the news accounts. Goddam inconvenient facts.
 

Clayster

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Oct 26, 2005
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None of us know what the truth is. But since we're speculating. There's no way to rule any kind of spray irritant out. Individual susceptibility is a real thing. So is the eggshell plaintiff rule and felony murder laws. You should know that.
"Eggshell Plaintiff" is only relevant in civil litigation, not criminal prosecutions.

They are going to have to come up with a cause of death before they can prosecute anyone for murder in this situation.
 

Phi1

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Back the blue, amirite?

And since Jan. 6, 38 Capitol Police employees have tested positive for the coronavirus, almost entirely officers and supervisors who responded to the riot, Papathanasiou said.

At least 81 Capitol Police officers were assaulted during the siege of the Capitol, according to filings by federal prosecutors. The filings did not detail injuries sustained by officers, and a Capitol Police spokeswoman did not respond to a request for comment on officer injuries.

About 65 D.C. police officers also suffered injuries on Jan. 6, including several concussions from head blows from various objects, including metal poles ripped from inauguration-related scaffolding and even a pole with an American flag attached, D.C. police officials have said. Other injuries included swollen ankles and wrists, bruised arms and legs, and irritated lungs from bear and pepper spray.

Reports say officers were pushed down stairs, trampled by rioters, punched and run over in a stampede.

“I’ve talked to officers who have done two tours in Iraq who said this was scarier to them than their time in combat,” acting D.C. police chief Robert J. Contee III said at a news conference earlier this month.


 

sizzld1

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Technically true Clayster, but the reasoning applies. In other words, you batter someone, you are responsible for the consequences.....even if they were less than foreseeable. In our example (assuming there was some spray used and it can be shown it contributed to the death), the fact that the person didn't think bear spray could kill someone might be a defense in-terms of intent/premeditation (maybe even enough to bring the charges down to second degree or manslaughter, etc.), but the defendant wouldn't just "get what he gets for the assault" in that scenario. He'd be responsible for the outcome of his actions. That's even more true given that the felony murder rule would obviously apply in this conjectured scenario.

This case does seem weird though. It sounds Wray didn't want to answer questions about the cause of death. Yet the FBI is - allegedly - still treating it as a murder. I guess we're just going to have to wait and see what comes out from official channels.
 
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