Ex-NYPD officer gets no jail time in shooting death

[OrphanSlug]

I never said the same, just that there's a difference between negligent homicide and murder.

And I am saying people are not all treated equally by the justice system, hence... my post #2 in this thread.

 

[OrphanSlug]

If true, I think that would mostly be a result of the fact that people who do not carry any legitimate authority are neither expected or permitted to wander around in the dark in random buildings with a gun drawn. Likewise, I do not believe that this officer would have been convicted of manslaughter in a pre-BLM social environment.

That is an interesting point I did not consider, the idea of a post-BLM / post-Ferguson world influencing the initial conviction. That is something to ponder...

 

[Gaius46]

If true, I think that would mostly be a result of the fact that people who do not carry any legitimate authority are neither expected or permitted to wander around in the dark in random buildings with a gun drawn. Likewise, I do not believe that this officer would have been convicted of manslaughter in a pre-BLM social environment.

Truth be told the officer wasn't supposed to be there either. The NYPD had stopped so-called vertical patrols in that building and ordered officers to only patrol the outside of the building. Additionally while NYPD rules apparently give cops significant latitude about when the draw their weapons it's not clear that he was within guidelines.

And as I pointed out to another poster there was little, if any, protest regarding this killing because of it's accidental nature. Outwardly at least BLM played no role here. I have no idea about the makeup of the jury and can't comment in it. I'd just point out that the NYC juries are drawn from all 5 boroughs so it's unlikely that a majority of the jurors were from the immediate area.

 

[Gaius46]

A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists.



I never said the same, just that there's a difference between negligent homicide and murder.

My comment regarding the standard for manslaughter is incorrect. That statement is withdrawn. I am correct with respect to criminally negligent homicide. That said I'd guess that many people wouldn't find the cop creditable if he claimed he didn't think his actions reckless.
This jury didn't. The DA didn't - he's appealing the reduction.

 

[Paleocon]

My comment regarding the standard for manslaughter is incorrect. That statement is withdrawn. I am correct with respect to criminally negligent homicide. That said I'd guess that many people wouldn't find the cop creditable if he claimed he didn't think his actions reckless.
This jury didn't. The DA didn't - he's appealing the reduction.

It makes sense to me. He believed (most likely from lack of consideration) that he could open the door without firing. Reckless would mean that he was consciously aware that how he was handling the gun could result in discharge. It's like if a surgeon's hand (or finger) slips due to lack of proper care, negligent but not reckless.

 

[notquiteright]

The officer's gun discharged accidentally, the bullet hit a wall and ricocheted into the chest of Mr. Gurley. It was a true, sad accident. The officer broke no laws or policies with his actions, and added to it being an accident, that is why the judge threw out the previous conviction and reduced it to negligent homicide, although I feel that was still too much since there was no criminal negligence given that the officer was following all legal and procedural requirements at the time of the accident.

The firearm didn't malfunction, it didn't go off by itself- it wasn't an accident. It was a NEGLIGENT discharge- the cop's finger was on the trigger and he flinched when he heard a loud noise.

What's rule #1 when handling a loaded weapon with either it's thumb safety off or no safety other than- DON'T FINGER **** THE TRIGGER????

The cop was CONVICTED of a crime- the judge chose to IGNORE the legal process and reduce the crime and punishment... eace

 

[Napoleon]

The cop was CONVICTED of a crime- the judge chose to IGNORE the legal process and reduce the crime and punishment... eace

Well, just to be clear, the legal process includes a judge's authority to overturn a jury verdict.

 

[notquiteright]

Well, just to be clear, the legal process includes a judge's authority to overturn a jury verdict.

Course this is where the usual suspects rant about 'lawyers in black robes' over-riding the will of the people...

Juries can nullify convictions as well- does smack of 'why bother have a trial'...

But just to be clear my point was the discharge of a service issued pistol by a supposedly trained LEO was no accident- it was negligence. Unsafe handling of a deadly weapon... eace

 

[TurtleDude]

This wasn't so much malice as it was the guy being inexperienced and panicking as far as I've heard, so.....

I think you are accurate in your assessment

 

[Tigerace117]

I think you are accurate in your assessment

Just bad luck for everybody involved.

 

[TurtleDude]

Just bad luck for everybody involved.

bad training protocol perhaps as well

 

[Tigerace117]

bad training protocol perhaps as well

Quite possibly

 

[Paleocon]

The cop was CONVICTED of a crime- the judge chose to IGNORE the legal process and reduce the crime and punishment... eace

The judge is empowered by law to overturn a conviction if he determines that there is insufficient evidence to support it.

 

[TurtleDude]

The judge is empowered by law to overturn a conviction if he determines that there is insufficient evidence to support it.

That is absolutely true.

 

[Lursa]

The officer's gun discharged accidentally, the bullet hit a wall and ricocheted into the chest of Mr. Gurley. It was a true, sad accident. The officer broke no laws or policies with his actions, and added to it being an accident, that is why the judge threw out the previous conviction and reduced it to negligent homicide, although I feel that was still too much since there was no criminal negligence given that the officer was following all legal and procedural requirements at the time of the accident.

Did they happen to disclose how his 'gun discharged accidentally?':roll:

Even so, any regular citizen would be in jail for it IMO. We are taught that no matter the intent or purpose, we are responsible for every bullet we fire.

 

[Lursa]

If true, I think that would mostly be a result of the fact that people who do not carry any legitimate authority are neither expected or permitted to wander around in the dark in random buildings with a gun drawn. Likewise, I do not believe that this officer would have been convicted of manslaughter in a pre-BLM social environment.

Really? I've done it...when I heard screaming at my neighbors. I went to check it out to see if I could help. We are rural, police were along time away.