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Elspeth
11-16-2016, 04:36 PM
Another anti-cop prosecutor making an end run around the Constitution. Castile was pulled over for resembling an armed robbery suspect and he had a gun, as demonstrated by the dash cam video, which is now being suppressed.



Here We Go Again–Activist Minnesota Prosecutor Charges Officer Without Grand Jury…
https://theconservativetreehouse.com/2016/11/16/here-we-go-again-activist-minnesota-prosecutor-charges-officer-without-grand-jury/

Following the path of Angela Corey (Sanford/Zimmerman) and Marilyn Mosby (Baltimore/Freddie Gray), a Minnesota activist prosecutor named John Choi has made the decision to charge Officer Jeronimo Janez with 3rd degree manslaughter in the shooting case of Philando Castile, without going to a grand jury (pdf complaint below).

The explanation by Choi is quite astonishing, and reflects a rogue decision to satisfy, yet again, the social justice crowd while wasting taxpayer money:

Minnesota – The use of deadly force by a St. Anthony police officer was determined to be unjustified in the shooting death of Philando Castile. Ramsey County Attorney John Choi made the announcement during a news conference Wednesday morning.

Choi began his announcement by saying that after spending 19 weeks “immersed in the facts and law and thinking about what justice requires in the case,” he said he decided it would be wrong to ask a grand jury to make a decision regarding the case.

He said although he knows some members of the community may not be pleased with such a decision, he said “in order to achieve justice, we must be willing to do the right thing no matter how hard it may seem.”

Choi spoke about what happened the night Castile was shot. Officer Jeronimo Yanez and Officer Joseph Kauser were identified as being present at the scene of the shooting. The investigation revealed Yanez fatally shot Castile.

After careful review of investigation materials, Choi said he considered the meaning of the use of deadly force through the lens of the law.

“Unreasonable fear cannot justify the use of deadly force,” Choi said...

noonwitch
11-16-2016, 04:57 PM
I don't know MN law, but prosecutors in MI don't need a grand jury to indict someone. Two of my coworkers were just indicted without a grand jury, for second degree murder of a child, whose mother killed him, but the family was visited by CPS a few weeks ahead of the murder.

I remember the video made by Castile's girlfriend. It is compelling. I wasn't there and don't have all the facts , but I think this one should play out in court, where a judge and/or jury can review the facts and decide guilt or innocence.

DumbAss Tanker
11-16-2016, 05:33 PM
Noonwitch is correct (I don't know about MN specifically), in most states the prosecutor can proceed under an information or an indictment. It's much simpler to use an information, which needs to state the probable cause in its own terms, but they'll use a grand jury where they don't want to be stuck with personal responsibility for the charging decision because it either might not turn out well or involves some political or popularity issue that could blow up on them. There is nothing Constitutional about it.

Rockntractor
11-16-2016, 05:45 PM
Noonwitch is correct (I don't know about MN specifically), in most states the prosecutor can proceed under an information or an indictment. It's much simpler to use an information, which needs to state the probable cause in its own terms, but they'll use a grand jury where they don't want to be stuck with personal responsibility for the charging decision because it either might not turn out well or involves some political or popularity issue that could blow up on them. There is nothing Constitutional about it.
True enough but from what you have stated this is not a good decision for her to make unilaterally and it could destroy her career.

Retread
11-16-2016, 05:48 PM
True enough but from what you have stated this is not a good decision for her to make unilaterally and it could destroy her career.

We can only hope.

Dan D. Doty
11-16-2016, 06:21 PM
We can only hope.

Ditto plus.

Banacek
11-16-2016, 07:04 PM
Baltimore ?

DumbAss Tanker
11-16-2016, 08:25 PM
True enough but from what you have stated this is not a good decision for her to make unilaterally and it could destroy her career.

That depends entirely on her own electorate, and how the case turns out. It's unwise to assume we know more about it than she does. I don't know what the local reaction to this case is, but I'll bet she has a really clear idea of it. Of course if the community is wildly incensed about it (I don't know whether it is or isn't), she should be expecting the defense to move for a change of venue which, if granted, will give the cop a much-friendlier jury and vastly-improved chances of acquittal.