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Title: Michael Brelo Shoots Through Windshield at Unarmed Couple 15 Times: Found Not Guilty
Source: Reason
URL Source: http://reason.com/
Published: May 23, 2015
Author: Brian Doherty
Post Date: 2015-05-23 18:48:37 by Deckard
Keywords: None
Views: 21638
Comments: 92

Some people in Cleveland back in November 2012 thought they heard a gun firing. It was a car backfiring. So they chased the car from which they imagined the gunshot came at high speeds, often reaching 100 mph, for 20 miles, themselves shooting at or into that car 137 times.

One of the shooters, named Michael Brelo, leapt on the hood of the car after it was halted and shot 15 times. The people inside the car, Timothy Russell and Malissa Williams, were, predictably, murdered in this barrage of 137 gunshots all told. They were unarmed.

Do you think Brelo committed a crime?

Cuyahoga County Common Pleas Judge John P. O'Donnell didn't think so. This morning a trial for Brelo (the only one of the group of 13 people responsible charged with any crime, in this case "voluntary manslaughter") ended with a verdict from the judge of not guilty.

Why? How?

Oh wait—did I forget to mention Brelo was a police officer? Never mind!

But the reasoning was, according to the Columbus Dispatch report: There wasn't any way to be sure beyond a reasonable doubt that it was the specific bullets that Brelo fired that ended Russell and Williams's life, after

a nearly hour-long summation of his conclusion, an involved explanation of the decision that involved mannequins marked with the gunshot wounds that the two motorists suffered.

As NPR summed up:

it was impossible to determine beyond a reasonable doubt that either suspect would have survived if not for Brelo's shots.

He also determined that Brelo's use of force was constitutionally reasonable given that he and other officers perceived that Russell and Williams posed a threat.

"It is Brelo's perception of a threat that matters," O'Donnell said.

Have a great weekend, Cleveland.

Ed Krayewski blogged about this case in January, last November (about the $3 million civil wrongful death suit payout from the city over the murder, er, "incident"), and June.

Brian Doherty is a senior editor at Reason magazine and author of Ron Paul’s Revolution: The Man and the Movement He Inspired (Broadside Books).

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#2. To: All (#0)

ended with a verdict from the judge of not guilty.

Isn't that how we roll? A constitutional trial by peer or trial by judge... defendants choice. He was found not guilty. Ok... it pisses off the cop haters even though THIS WAS HOW OUR FOREFATHERS SET UP OUR CRIMINAL JUSTICE SYSTEM. I find it kinda funny, when a JURY NULLIFICATION happens in Florida, acquitting a drug addled shitbag, the cop haters SMILE... now it's time for me to smile.

GrandIsland  posted on  2015-05-23   19:52:48 ET  Reply   Untrace   Trace   Private Reply  


#14. To: GrandIsland (#2)

Isn't that how we roll? A constitutional trial by peer or trial by judge... defendants choice.

Cops have their own constitution.

The LEOBoR protects police officers from being treated as we are treated during criminal investigations: questioned unmercifully for hours on end, harassed, harangued, browbeaten, denied food, water and bathroom breaks, subjected to hostile interrogations, and left in the dark about our accusers and any charges and evidence against us.

Not only are officers given a 10-day “cooling-off period during which they cannot be forced to make any statements about the incident, but when they are questioned, it must be “for a reasonable length of time, at a reasonable hour, by only one or two investigators (who must be fellow policemen), and with plenty of breaks for food and water.”

According to investigative journalist Eli Hager, the most common rights afforded police officers accused of wrongdoing are as follows:

  • If a department decides to pursue a complaint against an officer, the department must notify the officer and his union.
  • The officer must be informed of the complainants, and their testimony against him, before he is questioned.
  • During questioning, investigators may not harass, threaten, or promise rewards to the officer, as interrogators not infrequently do to civilian suspects.
  • Bathroom breaks are assured during questioning.
  • In Maryland, the officer may appeal his case to a “hearing board,” whose decision is binding, before a final decision has been made by his superiors about his discipline. The hearing board consists of three of the suspected offender’s fellow officers.
  • In some jurisdictions, the officer may not be disciplined if more than a certain number of days (often 100) have passed since his alleged misconduct, which limits the time for investigation.
  • Even if the officer is suspended, the department must continue to pay salary and benefits, as well as the cost of the officer’s attorney.

It’s a pretty sweet deal if you can get it, I suppose: protection from the courts, immunity from wrongdoing, paid leave while you’re under investigation, and the assurance that you won’t have to spend a dime of your own money in your defense. And yet these LEOBoR epitomize everything that is wrong with America today.

Deckard  posted on  2015-05-23   23:29:03 ET  Reply   Untrace   Trace   Private Reply  


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