Plainclothes officer who killed Florida church drummer charged with manslaughter, attempted murder

[WhiteTara]

Source: washington post

Florida prosecutors announced Wednesday that a grand jury has indicted former Palm Beach Gardens police officer Nouman Raja with manslaughter by culpable negligence and attempted first degree murder with a firearm for the shooting death of 31-year-old Corey Jones.

The charges come seven months after Jones, a well-known area musician, was shot and killed in the early morning hours of October 18, 2015 while he waited for a tow truck after his car broke down on an Interstate 95 off-ramp. Jones was armed at the time with a weapon he had purchased legally just three days earlier when he was approached by Raja, a plainclothes officer in an unmarked car.

Palm Beach County State Attorney Dave Aronberg was Wednesday that the grand jury concluded that Raja’s use of force was unjustified. Documents released Wednesday alleged that Raja never identified himself to Jones as a police officer as he drove up to the stranded motorist, yelled commands and then opened fire.

“The grand jury today found that the use of force by Mr. Raja was unjustified,” Aronberg said. “Mr. Raja has been arrested and taken into custody.”

Read more: https://www.washingtonpost.com/news/post-nation/wp/2016/06/01/plainclothes-officer-who-killed-florida-church-drummer-charged-with-manslaughter-attempted-murder/

[geek tragedy]

1. how can he be charged with attempted murder and manslaughter?

Especially if the guy is dead, attempted murder makes no sense.

[WhiteTara]

2. Well, it is Florida. nt

[geek tragedy]

3. "Florida man indicts Florida man for attempted murder in killing of motorist." nt

[WhiteTara]

5. Florida man does get around!

[NobodyHere]

9. Maybe the law doesn't care if you succeed or not when attempting murder

That's my layman's opinion anyway.

[geek tragedy]

10. If they try and succeed, it's ... murder. nt

[jberryhill]

12. Not if the victim was already fatally wounded

Scenario:

You are my neighbor. Confused one night, you bust into my house late at night thinking it is your house.

Believing you are an intruder, I shoot you several times, including a shot to your heart.

You turn and run out of the door. As you are running away, I fire several more shots at you. Every shot misses. You fall dead to the ground, having finally succumbed to the shot to your heart.

What would you charge me with:

1. On the first set of shots.

2. On the second set of shots.

If I fired the eventually-fatal shot at you in round 1, then round 2 is attempted murder. The second set of shots did not result in your death, but I was definitely trying to kill you, after having had a chance to think about it and form intent.

[geek tragedy]

13. oh, so this is like that annoying legal vs factual impossibility

exam questions from 1st year Criminal Law.

[jberryhill]

14. Yeah, it's like a crim law exam question

I had the same question you did, but later saw a news report that described in more detail that the confrontation unfolded in two stages.

So, when he was shooting with greater deliberation as the victim ran away, he believed the circumstances were such that continued shooting would do him in. He WAS shooting at a live person with the intent to kill him at that point. It's just that the eventually-fatal shot was fired earlier in the confrontation.

That's the only way I can match up the facts in the report to the announced charges, anyway.

[jberryhill]

11. Have you read the police report?

The confrontation unfolded in two stages.

Even if you go by the shooter's account:

-----
Raja told the 911 dispatcher that he had identified himself as a police officer and that he began firing as Jones came at him with a gun, prosecutors say. He said he continued firing because Jones was pointing his gun at him as he ran away.

Jones' gun was retrieved with the safety on; no shots had been fired.

Prosecutors say in their charging document that given the distance between the gun and Jones' body — and the heart wound that would have incapacitated him — they believe Raja fired the last three shots after he knew Jones had thrown down his gun and was running away.
------

So, there were a set of initial shots when the cop claims he thought he was confronting someone stealing a car. Then, after shooting him a couple of times, including with the eventually fatal shot, the victim ran away, and the cop continued shooting.

It seems the victim was initially fatally wounded in the first volley of shots in the confrontation. Hence, the more pre-meditated shots were fired at the victim as he fled. The first set of shots, including the eventually fatal shot, account for the manslaughter charge. The second set of shots count for the attempted murder charge - i.e. they were deliberate pre-meditated shots intended to kill, but did not kill him because he was already dying from the first round of shots.

[Judi Lynn]

4. Ex-officer charged in Florida shooting death of black man

Ex-officer charged in Florida shooting death of black man

By Letitia Stein
June 1, 2016

TAMPA, Fla. (Reuters) - A former Florida police officer was arrested and charged on Wednesday in the fatal shooting of a black musician after a grand jury found that he had used unjustified force.

Nouman Raja was charged with manslaughter and attempted first-degree murder with a firearm, Palm Beach County State Attorney Dave Aronberg said at a news conference. If convicted, he could be sentenced to up to life in prison.

Raja, 38, was fired from the Palm Beach Gardens Police Department after the Oct. 18 shooting of 31-year-old Corey Jones. In late April, Aronberg said he would turn evidence over to a grand jury since his office's investigation had been inconclusive.

Jones' death contributed to the national debate over the use of excessive force by law enforcement officers.

More:
https://www.yahoo.com/news/florida-ex-cop-arrested-over-fatal-shooting-black-192823709.html?nhp=1

[Chakab]

6. "Raja never identified himself to Jones as a police officer as he drove up to the stranded motorist,

yelled commands and then opened fire."


That's not attempted murder. That is murder.

I'd love to know what kind of bizarre instructions that the grand jury was given by the prosecutor to try and give this guy a pass.

[LeftyMom]

8. They're probably miffed the victim didn't show up to testify.

Twelve Floridiots too stupid to get out of jury duty. Holy shit, that's a scary thought.

[OnyxCollie]

7. Good.

Fuck that guy.