Damond: so, WTF happened there?

I don’t resist speculating. I do aim for “responsible, reasoned, informed speculation”. I’m comfortable with a bedrock observation here that is such. There’s no way a gentle healer woman can be reasonably discerned a threat, so Ofc. Noor is culpably negligent, at minimum, no matter what the details.

So what are the details? It has to be an accidental discharge or a mistake shooting.

If it’s accidental…. Ya know, what I think I see is these guys get dispatched to outdoor rapist call in Fulton, and they’re barreling down the well maintained alley in their black and white like F-ing Hill Street Blues. Ofc. Harrity is the driver. Noor is in the passenger seat with his gun out and he’s got it in a two handed Weaver hold ready to jump out and yell FREEZE M-fer to whatever dicey character they see. But they see gentle healer woman first, and stop to talk to her. They are doing so, and Noor still has his gun in two handed Weaver hold. He’s leaning to look and see Damond through driver window, and gun ‘goes off’ right at her.

This is actually the kind of thing that I doubt went to trial very often in the antebellum days before BLM and the heightened awareness for police incompetence / malevolence that it brought us. Ya know, DA would take it to grand jury and grand jury would no bill it because it was basically an accident…. Which is what the DA wanted anyway.

That’s not going to happen here, it’s going to trial.

Plunckett can argue it was an accident, and actually I don’t think an acquittal is impossible, though it’s a tall order. Blaming the pistol might be an option, though the contemporary double action service type pistol has a very deep trigger pull and not a ‘hair trigger’.

If it was an intentional discharge with some mitigating explanation… I can’t imagine what that’s going to be, but it may work just as it did with the Castile jury. Smart people don’t sit on juries.

Anyway… the lawyer. I see Plunckett is a crim defense “superlawyer”. He’s no doubt like Earl Gray and Tom Kelly, easily more adept and persuasive than anyone the DA’s office sends to try the case. “No nonsense” from Plunckett would be great. One thing that would mean is not sliming the victim here, which is Gray’s thing, what he did to Castile and what he’s been doing for decades. Like I say though, what lets you assume so much about the case now is that the victim was a healer woman. She’d be hard to slime in the first place, but that’s the type of dirty work that crim defense lawyers get paid to do.

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One thought on “Damond: so, WTF happened there?

  1. pm1956

    How would you slime her? Supposedly they are looking for a sex crime, and she is in the alley in her PJ’s. Hard for any jury to imagine her as a possible perp. So, really the only option is to try to create some way in which she could be seen as threatening. No weapon makes that pretty hard. Crazy? Agitated? That sounds possible, but hard to use that to justify a shooting. Does she grab for a gun? She’d have to dive into the car to do so. That sort of thing worked in the Michael Brown case, but he was a large black male. Crazy Aussie healer woman? Absent his being able to come up with a history of drug abuse (PCP? Heroin?) or deranged/violent behavior in the victim, that would seem like a very tough sell.

    Again, my impression of Plunckett is that he is smart, and won’t try to sell his client on something that he (Plunkett) sees as impossible/unlikely. Like a vindication. He’ll certainly try to get the best possible outcome for his client, but I think that he is a realist about what is possible, and will be counselling his client in that regard. Talking up his client as a role model, the difficulty of the job, remorse, lack of training/resources, maybe the best thing he can come up with is some sort of a plea bargain/deal.

    And, of course, it all sort of depends on what the BCA comes up with.

    Reply

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