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When the Police Reloads, does that constitute an intent to kill?

March 23rd, 2007 |  Published in Uncategorized  |  4 Comments


Why was the officer who reloaded his gun only charged
with Manslaughter
and NOT murder?

I have posted the NY Penal Code Definitions below.

125.25 Murder in the second degree.
A person is guilty
of murder in the second degreewhen:
1. With intent to
cause the death of another person, he causes the
death
of such person or of a third person; except that in any

prosecution under this subdivision, it is an affirmative
defense that:


125.20
Manslaughter in the first degree.
A person is guilty of manslaughter in the first
degree when:1. With intent to cause serious physical
injury to anotherperson, he caus
es the death of such
person or of a third person; or

125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree
when:
1. He recklessly
causes the death of another person;



125.10 Criminally negligent homicide. A person is guilty of
criminally negligent homicide when, with
criminal negligence,
he causes the death of another person.
Criminally
negligent homicide is a class E fel
ony.



Michael Oliver, 35, is the officer that fired his
pistol 31 times.
He is the one that reloaded.
Does reloading constitute an intent to kill?

I.Think.So.

However, I couldn't prove it beyond a
reasonable doubt.

Therefore, I, as the prosecutor, would go
for Man 2 as well. I have found some interesting
deadly force links.

White people, popo and Diallo.
Ed Gordon on deadly force.

The Washington post on deadly force.

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Reloading Constitutes an Intent to Kill.

DISCLAIMER::The popo photo above was included
sheerly for irony purposes.
Not for the purposes of encouraging violence against popo.
I took for photo at the Lafayette station C train stop last week.
For the record, I found the ad as pictured.

=========
=========

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4 comments ↓

#1 The Minority Reporter on 03.25.07 at 9:58 pm

Um yes ma’am, can I get your card?

Thanks

#2 Dj Triple Threat on 03.25.07 at 11:20 pm

Sure.

Here ya go.

#3 m on 03.26.07 at 10:51 am

the DISCLAIMER is hilarious. you’re really becoming a lawyer.

#4 Dj Triple Threat on 03.26.07 at 2:05 pm

Hi M.
Im trying.

I really am.

WHo are you?

~tt

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