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Opinions & Editorials Discuss Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer is 'c at the General Forum; It was a "catastrophic mistake" to bring a murder charge against one of the police officers involved in the shooting ...

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Old 06-18-2020, 10:53 AM
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Default Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer is 'c

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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.
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Old 06-18-2020, 11:39 AM
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Default 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.
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Old 06-19-2020, 03:37 AM
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Default 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....
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Old 06-19-2020, 10:36 AM
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Default 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.
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Old 06-19-2020, 11:40 AM
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Default 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.
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Old 06-19-2020, 01:45 PM
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Default Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

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Originally Posted by lurch907 View Post
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.

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

Time to get out the popcorn.
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Old 06-20-2020, 08:06 AM
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Default Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

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Originally Posted by lurch907 View Post
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.
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.
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Old 06-20-2020, 06:17 PM
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Default 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.
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Old 06-24-2020, 11:20 AM
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Default 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.
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Old 06-24-2020, 05:38 PM
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Default Re: Judge Napolitano on Rayshard Brooks case: Murder charge against Atlanta officer i

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Originally Posted by Bat View Post
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.
even when it is a politically driven murder?
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