Quote:
Originally Posted by BrotherEastman
Sure we are, the only difference is that I believe that the cop was culpable in this case and should've been charged with manslaughter at the very least whether it was a bullet or a choke hold.
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I think there is enough for a grand jury to reasonably say it wasn't manslaughter. All they would have to conclude is either
1. The cop was unaware of a substantial and unjustifiable risk or
2. The cop did not consciously disregard a substantial and unjustifiable risk
3. The risk was justifiable
4. The risk was not a gross deviation from the standard of conduct a normal individual would observe.
The jury only needed to conclude one of these 4 things before it wasn't manslaughter.
Under New York law a person would not be guilty of 2nd degree manslaughter if any of those requirements were met. 1st degree manslaughter is even harder due to intent being needed.