Political Wrinkles - Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer is 'c

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Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer is 'c

Quote:

It was a "catastrophic mistake" to bring a murder charge against one of the police officers involved in the shooting of 27-year-old Rayshard Brooks, Fox News senior judicial analyst Judge Andrew Napolitano asserted Thursday.

Appearing on "Fox & Friends," Napolitano stated that the 11 charges against 27-year-old former Atlanta police officer Garrett Rolfe -- including the felony murder charge, which could potentially lead to the death penalty -- are "grossly inflated."

"Look, if there's a jury trial, here's what the judge is going to say to the jurors before they start deliberating. If that police officer reasonably believed that Mr. Brooks was using or was about to use deadly force on him, the police officer, then the police officer is permitted to use deadly force to protect himself," he explained. "Secondly, the determination of what was in the police officer's mind is not what a reasonable civilian would do, but what a reasonable police officer would do."

Brooks, a father of four, was shot and killed almost a week ago outside a Wendy’s restaurant where he’d apparently fallen asleep in his car in the drive-thru lane. He allegedly failed a field sobriety test -- and ultimately was seen wrestling with the officers and running with one of their Tasers leading up to the shooting.

Fulton County District Attorney Paul Howard Jr. said investigators had reviewed at least eight videos of the incident, including police body and dashcam images as well as Wendy's surveillance footage and cellphone recordings taken by witnesses at the scene.

"We've concluded, at the time Mr. Brooks was shot, that he did not pose an immediate threat of death or serious physical injury to the officer or officers," he told reporters.

In a statement, lawyers for Rolfe argued that their client used permissible force under the circumstances.

A second officer, Devin Brosnan -- whose attorneys said had suffered a concussion when Brooks knocked him to the ground -- is facing three charges, including aggravated assault. According to Howard, Brosnan had agreed to give a statement against Rolfe and become a "state's witness" -- but Brosnan's attorneys later disputed that claim.

"[Do] you know what's going to happen?" asked Napolitano. "[Rolfe] is going to be found not guilty, and that's going to produce a tremendous uproar amongst the people of Atlanta.

"They should have charged some far more reasonable charge rather than one that exposes him to the death penalty," he urged. "It's just not going to work."
Do Trump and the DOJ have a case against John Bolton's book?Video

According to Napolitano, the murder charge was either done because Howard is up for re-election in Fulton County this year or to "pander to the crowd."

"There is one legitimate legal reason for overcharging. That's to get him to plead guilty to a lesser charge," he told the "Friends" hosts. "But, I don't know if this D.A. would accept such a guilty plea because he is determined to make a clear example out of this guy. This is not the right way to make an example.

"Listen, if this was a standard-issue Taser -- and I have no reason to believe it was anything other than that -- it produces 50,000 volts of electricity," Napolitano remarked further. "That's enough to stop an elephant and it’s enough to kill a human being.

"But, the test is not, 'is the Taser a deadly weapon?' The test is: 'did the police officer reasonably believe that a deadly weapon was being aimed at him?' It could have been an elastic band and paper clip. But if he reasonably believed it was a deadly weapon, then he was authorized to use deadly force," he concluded.

"Without that law, the cops can't do their jobs."

https://www.foxnews.com/media/judge-...tlanta-officer

Unless this DA has some evidence that hasn't been made public, Judge Nap is absolutely right and this is a prime example of a DA bowing to the political pressure of far left lunacy. This will do nothing but give another excuse for more criminal rioting. looting, etc. when the officer is found not guilty.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

I am hearing that the DA is up for reelection this year. He could be playing to his base on this one.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

I agree with what the judge said....

This cop is going to be found not guilty of that charge and the riots will start all over again...

Another example of selling out by the DA....

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

https://www.foxnews.com/politics/da-election-brooks

Well, its looking more and more that this was a grandstanding play by the DA, he's being investigated for corruption and is in the middle of losing his primary for re-election.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

This DA can't even keep his own lies straight. He's claiming that Brooks "was not a threat" because all he had was a taser, but two weeks earlier he charged police officers with assault after they used tasers, calling them "deadly weapons".
Some body better get control of this idiot before he brings about some serious trouble for Atlanta.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by lurch907 (Post 989409)

The stew pot has already started to boil.
Over 70 Atlanta police officers have resigned.

Time to get out the popcorn.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by lurch907 (Post 989408)

Don't forget that Atlanta mayor Keisha Bottoms has aspirations of becoming Biden's running mate. She got this whole caricature of justice rolling by firing the police officer without any investigation or review. She is already the right gender and ethnicity for Democrat identity politics, she just demonstrated her allegiance to the mob by preemptively firing the cop because he is white. :eek

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

per usual the money grubbers run the show for their own benefit not justice.
under today's laws the officer probably won't be found guilty.
but the way policing is done even in this instance needs to change to reflect the technology and knowledge we have today.
imho this might have been avoided.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

I hope Garrett Rolfe is getting some sort of support for the cost of his defense attorney. Maybe the police union? I wouldn't want to rely on a public defender for defense of a politically driven murder charge.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by Bat (Post 989616)

even when it is a politically driven murder?

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by saltwn (Post 989642)

even when it is a politically driven murder?

How is this a politically driven murder? Who other than you, is suggesting that? What color is the sky in your universe?

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by saltwn (Post 989642)

even when it is a politically driven murder?

I'm pretty sure that Garrett wasn't thinking about politics when Rayshard resisted arrest, grabbed the taser, pointed it at him and fired it.
The DA though, yeah that's political.
I don't know, maybe you are willfully ignorant.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by Bat (Post 989678)

After reading her posts for the past few years, I don't believe it is willful.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by GetAClue (Post 989654)

How is this a politically driven murder? Who other than you, is suggesting that? What color is the sky in your universe?

Quote:

Originally Posted by Bat (Post 989678)

Adults in the 60s didn't think arresting people for no reason was political either.

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by saltwn (Post 989688)

Adults in the 60s didn't think arresting people for no reason was political either.

There was plenty of justification to arrest Brooks. He passed out drunk in his car in the fast food drive through. He failed a field sobriety test. It was only after he was placed under arrest that he went berserk attacking the officers.Then, stole a taser and attempted to shoot one of the officers with it.

If the officer had been trained and properly applied a chokehold on Brooks, he'd most likely be alive today. :thumbsup

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by AZRWinger (Post 989689)

I agree....found the Hodge Twins take on this and it is very interesting so I will post a link, check it out....

https://www.facebook.com/thehodgetwi...9014230264876/

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by Dave1 (Post 989690)

I agree....found the Hodge Twins take on this and it is very interesting so I will post a link, check it out....

https://www.facebook.com/thehodgetwi...9014230264876/

I like those guys. Their commentary on Bubba Wallace was good too.:thumbsup

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by AZRWinger (Post 989689)

sorry I didn't mean to indicate there was no reason to arrest this guy.
arresting people for no reason was a political choice in the 60s. bad analogy .

this was political because these police are poorly trained but militant. poorly trained to police. policing is protecting us and bringing bad guys to court.

I don't see why he had to kill the guy.
I think if the guy was white and wealthy he would not be dead

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by Dave1 (Post 989690)

I agree....found the Hodge Twins take on this and it is very interesting so I will post a link, check it out....

https://www.facebook.com/thehodgetwi...9014230264876/

here's a better one

You Tube

bottom line we need a revamping of policing

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by saltwn (Post 989721)

sorry I didn't mean to indicate there was no reason to arrest this guy.
arresting people for no reason was a political choice in the 60s. bad analogy .

this was political because these police are poorly trained but militant. poorly trained to police. policing is protecting us and bringing bad guys to court.

I don't see why he had to kill the guy.

I think if the guy was white and wealthy he would not be dead

Yeah, that white guy probably wouldn't have been driving drunk, a felony.....
Probably wouldn't have fought both police officers on the ground refusing to be arrested....
Probably would have punched a cop in the face....
Probably wouldn't have stole a taser and took off running....
Probably wouldn't have turned and fired a taser at the cop trying to make an arrest.....

Yeah, that white guy would still be alive today.....

Only problem with your theory is that RB made all of those bad decisions on his own, his own actions got him killed, simple as that....

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by Dave1 (Post 989756)

yeah I think a wealthy white guy could have made those bad decisions and got shot in the knee.
my big wonder is are the police today even trained to shoot but not to kill.
but yeah the cop may not be convicted of murder.
training training like your partner reminding you the suspect is no longer a threat.

the jury will take into consideration the short time to react and the chase "high" police get but something needs to change
why do we accept police killing anybody unless being shot at?

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by saltwn (Post 989757)

The police were being shot at by the suspect. He was using the taser he took from the officer. Had he hit the officer the suspect could have caused serious injury or death. He would have also had access to the officer's gun. :eek

If the police officers had been trained and allowed to use a choke hold while wrestling the suspect on the ground there is a good chance they could have subdued him without injury or risk to the suspect or officers. :thumbsup

Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

Quote:

Originally Posted by saltwn (Post 989757)

Do you even try to educate yourself on topics that you post about? First off, when an officer pulls his gun and fires, he is aiming for center mass, PERIOD! This isn't Hollywood where the officer is some sort of crack shooter capable of hitting a flea while riding horseback.

Anyone that has any experience shooting a handgun will tell you that hitting a target like someones knee from a distance of more than about 5 yds, is hard enough. Hitting that target while the target is running away and while you are also running, is almost impossible. That is why they are trained to hit center mass.

Also, officers don't shoot to slow down or disable a suspect. They shoot to defend themselves. And that is a last resort. They prefer to apprehend a suspect and arrest them, but that goes out the window when the suspect puts the officers life in danger.

I don't know why I keep responding to your completely uninformed and inane postings, but I thought this one needed addressed in case there are more stupid questions like this.

And I only read the first 2 sentences of your post. I couldn't bear to go any further and maintain my sanity.