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An outrageous prosecution in Atlanta

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Posted By: Pluperfect, 6/19/2020 4:47:39 AM

The Fulton County DA’s decision to charge officer Garrett Rolfe with murder struck me as highly dubious. It strikes Andy McCarthy as outrageous. Having read his article, I’m with Andy. The murder charge is “felony murder.” This is an effort to get around the difficulty of proving that Rolfe intended to kill Rayshard Brooks. As McCarthy explains, “the homicide theory of felony murder is that, while the offender does not specifically intend to cause death, he does intentionally commit a felony from which death results.” There still needs to be a felony, though. In this case, the alleged felony is aggravated assault with a deadly weapon.

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Reply 1 - Posted by: MrDeplorable 6/19/2020 5:44:14 AM (No. 449428)
Fulton County DA Paul Howard should give (former) Durham County DA Mike Nyfong a call. They have a lot in common—abusing their public trust and bully pulpit for personal gain. Shame, shame!
11 people like this.

Reply 2 - Posted by: JackBurton 6/19/2020 8:16:56 AM (No. 449575)
I think this is posturing... You know, feed the alligator so he doesn't eat you... (now). These cops, in Atlanta and Minneapolis, were over charged and not given the respect they deserve. The cities will (and are) paying for it as their cops resign or 'get sick' and when the facts are laid out in court, the criminal record of the two men who died, their actions, and the response of the cops, I believe the cops will be found innocent. I just hope that this happens in the winter. When it's too cold to riot.
3 people like this.

Reply 3 - Posted by: Clinger 6/19/2020 8:25:53 AM (No. 449585)
I pray for Garrett Wolfe and hope that he get's through this with his mind and soul intact and positioned for a bright future. This case is the logical outcome of the path the country is heading down. Catching a glimpse of that through the sacrifice of Officer Wolf may just serve as a splash of cold water in our faces. Add the case in Albuquerque and the pattern is emerging that neither the police nor private citizen is allowed to inhibit the violent mob or dangerous minorities. We are on our own and if we dare protect ourselves we will be treated as the criminals. As for now we have the option of bobbing our heads in "agreement" with the theology of the woke, and hiding in our basements. That too will run its course as the left does as it always has, begin the purge of phony support in a quest for true believer purity. This never ends well and the sooner we see that end the better the chance that we will change course. I continue to be optimistic overall in my belief that the premature "victory" party of the communists under the presumption of Hillary's election will prove to having been our salvation.
4 people like this.

Reply 4 - Posted by: ronbet 6/19/2020 8:42:37 AM (No. 449593)
From the reading of the article it appears that the DA may indeed be a criminal. His actions surely are.
9 people like this.

Reply 5 - Posted by: MDConservative 6/19/2020 9:50:04 AM (No. 449678)
Let's shoot every drunk, fleeing misdemeanor suspect in the back...that's the American way, isn't it? This guy was no threat to anyone. He was "armed" with a spent taser, and the officer knew that, having patted him down earlier. The cops had his car and his ID info. Two rounds in the back while running away is a fair penalty. Hope you or your intoxicated offspring never panic around the cops. Object in hand...Boom!...Boom! There was no need for this application of deadly force.
1 person likes this.

Reply 6 - Posted by: DVC 6/19/2020 10:23:42 AM (No. 449730)
This adds a really VERY significant bit of information about this case. Apparently, under Georgia state law, the taser is legally considered to be a deadly weapon. It is generally referred to as a "less lethal" weapon, to recognize that it is less likely to kill than some weapons, but can actually, and has, killed people when it is used on them. And this is separate from the clear danger that all police officers have - if for any reason they are momentarily disabled, the perpetrator has access to the officer's weapon, and about 5-10% or so of officers killed are killed with their own gun. So - given that there is clear proof that the perpetrator had fired what is legally defined as a deadly weapon at the officer, and it will be difficult to make the claim that somehow it is OK for criminals to fire deadly weapons at police during an arrest, but not OK for police to use a deadly weapon in response. First, they need a change in venue to downstate somewhere, and ultimately, I don't see the city being able to convict this officer on anything. Shot at by a taser is shot at with a legally defined deadly weapon. I'm sure they will whine about the 'less lethal' intent of the taser. Does anyone doubt that if the perpetrator had gotten a handgun instead of a taser during the fight that he would have fired it just as readily at the officer? I have absolutely no doubt of it.
5 people like this.

Reply 7 - Posted by: DVC 6/19/2020 10:28:17 AM (No. 449740)
We will see a replay of Ferguson, Baltimore, the Duke lacrosse case and the Zimmerman case, lots of screaming, claims of racial motives, and layer after layer of lies about what happened, repeated without any effort at getting to truth by the media. And in the end, when the long, time consuming, adversarial court process finally gets the facts in front of the jury, not the Ben Crump/Al Sharpton/media lies, there won't be a conviction. And THAT will be another win for our country, but it will have exacted a terrible cost in destroyed property and harm to the officers involved. And Ben Crump and Al Sharpton will be pleased with the damage that they have wrought.
4 people like this.

Reply 8 - Posted by: Geoman 6/19/2020 12:02:12 PM (No. 449878)
Does Georgia have non-felony murder on its books? If so, what are the elements of the offense?
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