Autopsy results enough to charge officer, Brown family attorney says

[sabbat hunter]

Source: cnn.com

An independent autopsy into the death of Michael Brown in Ferguson, Missouri, provides "ample" evidence to support the arrest of the police officer who shot him, family attorney Daryl Parks said Monday at a news conference.
Parks was particularly concerned about gunshots that medical examiners hired by the family indicate came from behind and above.
"Why would he be shot in the very top of his head, a 6 foot-four man?" Parks asked. "Makes no sense."
The autopsy could support witnesses suggestions that Brown was holding his hands up in the air, said Shawn Purcell, who assisted in the autopsy. But other scenarios are possible, said Dr. Michael Baden who supervised the inquiry.

Read more: http://www.cnn.com/2014/08/18/us/missouri-teen-shooting/index.html?hpt=hp_t1

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If the autopsy by the family is correct and the final shots came from behind and above, it would clearly indicate that he was no imminent threat to the officer (which is generally the level of support needed for taking down a suspect with a gun).

There has been a call to arrest Officer Wilson immediately. I believe that there is no need to arrest him, but a grand jury should be impaneled ASAP to see if he should be charged with a crime.

Why not arrested immediately? 1) he is not going anywhere 2) Generally police arrest a suspect for questioning, file reports, fingerprinting etc. There is no need to question him at this time as he is just going to claim the 5th amendment (which is his right), and his fingerprints are on file as an officer of the law. 3) as shown in Texas, you do not need to arrest someone before having a grand jury impaneled (with Perry).

The case should however be handled by the state DA or the US district attorney general, and not the local officials. Additionally, we can pretty much guess that Wilson's attorney will call for a change of venue, and the prosecution should pre-empt this by changing the venue to the nearest big city.

[FarPoint]

1. I totally agree with your assessment.

The Prosecutor will eventually call a Grand Jury...could take 4 months...typical wait for each grand jury rotation.

[sabbat hunter]

2. he could call for

a special grand jury, but one is not needed in this case IMHO.

[FarPoint]

3. Why is it not required?

Secondly, McCollum said that is his outlined plan....I would love to eliminate everyone in Ferguson law enforcement from this case.

[sabbat hunter]

5. if that is part of that is

his plan then that is fine.

I think that if you simply change the venue or hand it over to the US District Attorney, you will automatically eliminate everyone from Ferguson law enforcement.

[FarPoint]

6. I want door number 2..

Take everything out of the hands of Ferguson. ..Small town entitled politicians are a throw back to the 60s.

[ballyhoo]

8. Do you mean change of venue? If you mean

that, then I agree.

[FarPoint]

9. Yes, yes yes...

[ballyhoo]

10. How about Norway?

dddd

[LovingA2andMI]

4. Important points from the Brown Family Presser on Autopsy this Morning....

Last edited Mon Aug 18, 2014, 12:42 PM - Edit history (1)

Brown Family Pathologist #MICHAELBADEN "Three Bullets stayed in the body" "Bullet on inner arm from was armed raised" #FERGUSON" --@IUNewsTalk

"All of the gunshot wounds were survivable, except the one to the top of the brain," Says Dr. Michael Baden #FERGUSON #ARRESTDARRENWILSONNOW" --@IUNewsTalk

RT'ed by @CharlesMBlow New York Times Columnist "@CharlesMBlow "No Evidence of a Struggle," Says Dr. Michael Baiden should renew calls NOW for #THOMASJACKSONMUSTGO http://j.mp/JacksonMustGo1" --@IUNewsTalk

[FarPoint]

7. thank you Loving.....

I bet these facts will come out later this evening with MSNBC hosts...looking forward to analysis discussion.

[LovingA2andMI]

14. No problem!

And You're Welcome.

[mercuryblues]

13. If

you raise the hands on the autopsy drawing, most of the shots are in a cluster.

[Kalidurga]

26. I did that

if you do that it looks like the officer was aiming for Mike Brown's head.

[phil89]

11. 3-4 months is enough time

To let his body filter out any substances as well, like steroids.

[wildeyed]

12. If the autopsy report supports it, why shouldn't they charge him immediately?

It is what the family and community want and there is precedent. This officer was charged less than 48 hours after the incident. Not sure who is served by waiting for the Grand Jury to convene.

http://www.huffingtonpost.com/2013/09/16/jonathan-ferrell-shot_n_3937175.html

As an aside, what I read is all the shots were to the front except the one to the top of the head. None appeared to be at close range. What I would guess is that they scuffled at the police car, the officer shot at him while he was running away and missed and then he was hit and killed when he turned toward the cop with hands up. I would assume that shooting an unarmed man who was surrendering with hands up would be enough, to charge the officer. But I am not an expert on any of this either, so I could obviously be wrong.

[LovingA2andMI]

15. Would agree on all your points, except....

There is no evidence that a struggle existed between killer Ferguson Cop Darren Wilson and Victim Michael Brown, from the Autopsy report of Dr. Michael Baden - the Brown Family Pathologist.

RT'ed by @CharlesMBlow New York Times Columnist "@CharlesMBlow "No Evidence of a Struggle," Says Dr. Michael Baiden should renew calls NOW for #THOMASJACKSONMUSTGO http://j.mp/JacksonMustGo1" --@IUNewsTalk

[wildeyed]

16. I read that one of the witnesses said that

the officer hit Brown with the door of his car, got mad, and then grabbed his neck through the window, Brown got free and tried to run away. If Brown did try to grab the gun, and the officer felt he was imminent danger, wouldn't there be evidence that the gun discharged into the vehicle? Did the officer say whether he discharged the gun then in his statement?

I dunno. I don't believe the cop and eye witness testimony can be unreliable, so hard to know what happened when there is not forensic evidence.

[LovingA2andMI]

17. Dr. Michael Baden is a Forensic Pathologist....

Again, he says:

@CharlesMBlow "No Evidence of a Struggle," Says Dr. Michael Biden should renew calls NOW for #THOMASJACKSONMUSTGO http://j.mp/JacksonMustGo1

In other words, no evidence of a struggle existed that could have placed Officer Darren Wilson in fear of using the force to SHOOT to KILL Michael Brown. None, nana, zero.

[wildeyed]

18. Yeah, I think they should charge him.

Shooting a guy in the face who has his hands up is not good.

[LovingA2andMI]

19. Thanks! I understand it can be tough to determine the facts...

The way information and misinformation has been flowing out of Ferguson on many fronts, however, Dr. Baden is a highly sourced and respected Forensic Pathologist. So, when he says "No Evidence a Struggle Existed", it should take weight over others stating how Michael Brown life was taken.

[sabbat hunter]

21. the prosecuting attorney

probably wants to make sure he has everything lined up properly, so nothing gets thrown out of court, no rights of darren wilson are violated (so he won't get off on a technicality).

[wildeyed]

23. I hope so.

But the local DA seemed biased toward the police. The longer it takes, the more people will worry that he is going to get off scot free.

[sabbat hunter]

24. I believe that

the Missouri state Attorney General has already stepped in for the case and taken it from the local office.

[wildeyed]

25. Good news.

Hoping for the best.

[notadmblnd]

27. The prosecuting attorneys father was a cop and was shot by an African American

It's unlikely that he can put aside his bias and bigotry to prosecute a cop.

[blkmusclmachine]

20. ,

,

[BobbyBoring]

22. I find it hard to believe

That a black teen that knows the areas history would charge at a white cop with his gun already drawn. The toxicology report would have to show a hell of a lot more than pot in M.B.s system for me to buy that bullshit!