Kirata
Posts: 15477
Joined: 2/11/2006 From: USA Status: offline
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I just hope they're not over-charging and inviting an acquittal. All Tensing knew was that the guy was acting squirrely, and it doesn't require any stretch of the imagination to think that might be because there were warrants out on him and that he could be dangerous, or the car could be stolen. And, the name DuBois gave him could have been false. So it seems to me perfectly reasonable in the circumstances to have the guy exit the vehicle, and to cuff him while his story is being checked. DuBose's attempt to flee at that point would have confirmed any cop's worst suspicions. Tensing wasn't dragged, but he was going to be unless he let go. He only fired after DuBose ignored his lawful order to "Stop!" and he still ended up on the ground. Granting that disobeying a lawful order doesn't carry the death penalty and that Tensing had no certain knowledge that DuBose was a dangerous felon, proving a murder charge under Ohio statutes requires proving intent to kill, to "purposely cause the death of another," and it may not be a cakewalk to prove beyond a reasonable doubt that Tensing intended to kill DuBois, and didn't just fire with the intent to stop him. It's still a bad shoot, but it may also be a bad charge. Meanwhile, what the fuck is going on in the heads of people who court their own destruction by resisting arrest and disobeying lawful orders? Putting Tensing in jail isn't going to bring that family's father back. K.
< Message edited by Kirata -- 7/30/2015 9:12:30 AM >
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