General Discussion
In reply to the discussion: Five of the six officers charged in the death of Freddie Gray are now in police custody [View all]Jackpine Radical
(45,274 posts)Last edited Fri May 1, 2015, 09:45 PM - Edit history (1)
My point is that the "rough ride" is a method that was locally known to produce injury and death in those subjected to it, it had done so before, there had been huge cash payouts, the cops should have known about the possible consequences. I think it would be pretty hard to convince a jury that they did not knowingly engage in reckless behavior intended to inflict injury on the victim. Had they actually set out with the intention of killing him, it would have been 1º murder.
Remember that the arrest was improper, and was itself a criminal act. The situation is analogous to someone who maliciously beats another person with intent to cause severe injury, but who ends up killing his victim. Such a case would fall under the "depraved heart" provision of the murder statutes.