Chicago judge throws out all charges against cop in middle of trial..

[waggy]

http://www.chicagotribune.com/news/local/breaking/ct-chicago-police-detective-manslaughter-trial-0421-met-20150420-story.html


a surprise move Monday, a Cook County judge threw out all the charges against a veteran Chicago police detective who was on trial for fatally shooting a woman during an off-duty incident in March 2012.

Moments before the defense was to put on its evidence in the bench trial, Judge Dennis Porter ruled that prosecutors failed to prove that Dante Servin acted recklessly, saying the shooting was an intentional act.

Prosecutors had charged Servin with involuntary manslaughter, not murder, saying he acted recklessly when he fired five shots over his shoulder from inside his car in the direction of four people who had their backs to him in a dark West Side alley.


His attorneys said Servin was in fear for his life after Antonio Cross, one of the four, pulled an object from his waistband, pointed it at the officer and ran toward his car.



jesus..HE shot over his shoulder and not caring where he shot.

Then gets off...

WTF!

 

[s0me0nesmind1]

He is a cop. Innocent until proven not-innocent and even then innocent.

 

[Ns1]

Moments before the defense was to put on its evidence in the bench trial, Judge Dennis Porter ruled that prosecutors failed to prove that Dante Servin acted recklessly, saying the shooting was an intentional act.

Under Illinois law, Porter held that a person who shoots a gun in the direction of an intended victim cannot be convicted of involuntary manslaughter but only first degree murder. Anytime a person points a gun at their intended victim and shoots, it is intentional act, not a reckless one, he said.

ridic. I hope they get millions from the civil trial. Hopefully against the officer and not the department.

 

[MrPickins]

If anyone still doubts that the system is broken, refer them to this case.

 

[waggy]

hmm since the judge says this was a intentional act. then can't they charge him with murder then? will they? or does this hit double jeopardy?

 

[Ns1]

hmm since the judge says this was a intentional act. then can't they charge him with murder then? will they? or does this hit double jeopardy?

article says double jeopardy, so dude gets off scot free.

 

[waggy]

article says double jeopardy, so dude gets off scot free.

i must of missed that.

holy shit....just fucking amazing.


http://chicago.suntimes.com/news-chicago/7/71/535396/chicago-police-officer-found-innocent-fatal-shooting-unarmed-woman

Boyd died after one of the five bullets from Servin’s unregistered handgun pierced the left side of her head. Servin has maintained that he used his Glock only because he felt threatened when he confronted the group about the noise.


SHIT..the guy had a UNREGISTERED gun and used that.

 

[Ns1]

SHIT..the guy had a UNREGISTERED gun and used that.

but like, any cop would have blindly fired above his should into a crowd if they were in that situation. because that's how cops learn to shoot evidently

"Any reasonable person, any police officer especially, would've reacted in the exact same manner that I reacted," he said.

 

[Strk]

Way to go Chicago....

 

[smackababy]

So, the prosecution done goof'd on this one. Should have gone with something intentional.

 

[touchstone]

He is a cop. Innocent until proven not-innocent and even then innocent.

This. Never underestimate the ability of cops to avoid responsibility for their actions. That is like 50% of their job, the other 50% consisting of beating, extorting, and murdering american citizens .

 

[Blanky]

He is a cop. Innocent until proven not-innocent and even then innocent.

Funny. But true

 

[inachu]

I would shoot also if a racist term deleted was running after me with a unknown weapon.

 

[who?]

Since there wasn't a verdict how can double jeopardy apply? He wasn't found not guilty of a murder charge so they should be able to charge him with murder.

 

[Sonikku]

It would be one thing if he was a Job Creator. But this bastard isn't even rich. Just who the hell does he think he is getting off for killing somebody? :\

 

[Jerem]

The prosecutor, judge, defense attorney, and defendant were last seen together at Clancy's Tavern ordering a round of drinks and high fiving each other.

 

[Pipeline 1010]

He is a cop. Innocent until proven not-innocent and even then innocent.

Innocent until he reports misconduct of another cop. Then guilty. Very very guilty.

 

[Pipeline 1010]

So, the prosecution done goof'd on this one. Should have gone with something intentional.

So...the cop got away with murder...and you think the bad person in the story is the prosecution?

 

[zinfamous]

, saying he acted recklessly when he fired five shots over his shoulder from inside his car in the direction of four people who had their backs to him in a dark West Side alley.

Just following Biden's advice.

 

[DucatiMonster696]

Way to go Chicago....

Cook country...aka Crook County.

 

[Zargon]

headshake....

 

[smackababy]

So...the cop got away with murder...and you think the bad person in the story is the prosecution?

It wasn't murder. It was negligent homicide at best. And, nowhere did I say who was or wasn't the "bad" person. I said the prosecution flubbed with their moronic charge.

 

[Darwin333]

If the prosecutor did fuck up does anyone honestly think it wasn't done on purpose?

 

[thraashman]

It wasn't murder. It was negligent homicide at best. And, nowhere did I say who was or wasn't the "bad" person. I said the prosecution flubbed with their moronic charge.

I'm pretty sure juries are allowed to consider lesser charges if they feel that the accused is guilty of something just not what they're being charged with. At the minimum I think this should have gotten reckless endangerment.

 

[Darwin333]

It wasn't murder. It was negligent homicide at best. And, nowhere did I say who was or wasn't the "bad" person. I said the prosecution flubbed with their moronic charge.

From the article:

He all but said prosecutors should have charged Servin with murder, not involuntary manslaughter.

It appears that they did charge him with involuntary manslaughter and that is the charge the judge through out because the charge requires someone to act "recklessly" and in his opinion the cop did not. Basically saying it was an intentional act that they should have charged him with murder instead of involuntary manslaughter.