Police Officer Will Not Be Charged For Killing Napster Exec

Discussion in 'Politics, Religion, Social Issues' started by jkcerda, Sep 2, 2014.

  1. jkcerda macrumors 6502

    jkcerda

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    #1
    http://finance.yahoo.com/news/police-officer-not-charged-killing-095951755.html

    cops should be held to at LEAST the same standards as civilians are.
     
  2. kilcher macrumors 65816

    kilcher

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    #2
    Is it illegal to type on a computer and drive? Because technically that's what he was doing, not texting.

    Yes, I know there's not much difference but when politicians and special interest groups use buzzwords like texting in their campaigns it bothers me. I can't text on my phone and drive, can I play Angry Birds?

    I would guess (though I'm far from being a legal expert) the family could still file a civil suit.
     
  3. Southern Dad macrumors 65816

    Southern Dad

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    #3
    Most state laws exempt on duty law enforcement from their texting and driving laws. These laws are written to make using a computer, telephone or tablet for messaging unlawful.
     
  4. iBlazed macrumors 68000

    iBlazed

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    #4
    So you agree he shouldn't be charged, yes or no?
     
  5. TheHateMachine macrumors 6502a

    TheHateMachine

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    #5
    Apparently, California state laws exempt police officers from running people over with their car laws too.
     
  6. willmtaylor macrumors G3

    willmtaylor

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  7. Gutwrench macrumors 65816

    Gutwrench

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    #7
    Come on. Don't let common sense get in the way.

    23125.5 (e) VC - exempts emergency services professionals from the prohibition during the course of employment. Other sections also exempt emergency services professionals from stopping at stop signs and other traffic control devices as well as speed limits.

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    He will be indemnified so he won't but the city wll.

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    This kind of trash gets old. Unreasonable.
     
  8. jkcerda thread starter macrumors 6502

    jkcerda

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    #8
    Common sense means pulling over so you don't kill others while driving distracted
     
  9. Gutwrench macrumors 65816

    Gutwrench

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    #9
    Nice MMQ'ing. Any other observations from the cheap seats?
     
  10. Solomani macrumors 68030

    Solomani

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    #10
    If the State law legal allowed him (or other cops) to do what he did, then technically he's not at fault.

    The dumb law itself is what people should be targeting. That's what they should spend their energy crusading against.

    Look. If some State allowed legal killing and butchering and eating of cats, and I went ahead and did so, am I legally guilty of crime? No. Despite millions of people being upset about my cat-eating habits, I'm not really guilty of anything as far as State Law is concerned. Don't waste your time on me. Spend your efforts trying to lobby and correct the laws of whichever State that allowed me to legally kill and butcher and eat cats to begin with.
     
  11. Renzatic Suspended

    Renzatic

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    #11
    The guy was driving distracted, and killed someone because of it. I can't believe people are excusing it!

    Jesus, people. Just because they're police, and they have a hard job, doesn't mean they can be as reckless as you want to be, and not be held accountable for obvious gross negligence. I mean this wasn't even an accident made in the line of duty. He was driving along on a beat, talking to someone on his computer, and he ran over a guy riding his bicycle in the goddamn bike lane.
     
  12. skunk macrumors G4

    skunk

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    #12
    Surely at the very least he is guilty of driving without due care? That requirement doesn't change according to your occupation.
     
  13. jkcerda thread starter macrumors 6502

    jkcerda

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    #13
    agreed to a degree, law needs to be changed & cops should be held to the same standards as regular citizens

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    he is guilty of falsifying the report as well , from link

     
  14. Gutwrench macrumors 65816

    Gutwrench

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    #14
    The cop was acting in the course of his employment. The law exempts emergency services (police, ambulance, fire) from not being able to use their MDT or MDC. He wasn't watching porn he was doing his job. It was an accident. He should not be charged with a criminal offense unless he was outside the law.

    As far as gross negligence, it has a legal definition.
     
  15. skunk macrumors G4

    skunk

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    #15
    He was self-evidently driving in a manner dangerous to other road users.
     
  16. Solomani macrumors 68030

    Solomani

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    #16
    I do agree that there is some level of negligence involved. But still, if the State law has it in writing that cops were allowed to multi-task, then he automatically has some level of legal defense.

    Like others chimed in, he likely will be held accountable in a civil lawsuit, where things like reasonability or 'unreasonable use' are taken more into consideration. Hopefully trial by jury, where (assuming the jurors are reasonable people) he is more likely to be convicted.

    I'm not for or against this cop. But you cannot just dismiss existing laws. If you don't like the existing laws, then lobby to change and correct them, or to change the wording of the laws, especially the loopholes.
     
  17. skottichan macrumors 6502a

    skottichan

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    #17
    No, he should be charged with vehicular manslaughter. You're right, he's exempt from the misdemeanor charge under 23125.5 (e) VC, but he killed someone. He should be charged for that.
     
  18. jkcerda thread starter macrumors 6502

    jkcerda

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    #18
    just doing their job is a cop out for many things

    http://www.cnn.com/2014/01/13/us/california-homeless-beating-verdict/
    the bar for letting cops murder others is pretty low.
     
  19. Southern Dad macrumors 65816

    Southern Dad

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    #19
    No, he should no be charged, nor will he. You can't charge someone who did not violate the law. The law specifically exempts him from being charged. Further, he cannot be sued personally for it. We can argue that it isn't a good law or practice but not whether he should be charged or not.
     
  20. zioxide macrumors 603

    zioxide

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    #20
    So then it's manslaughter and not murder, right? :eek:

    America never ceases to amaze me at how it bends over backwards whenever a so-called "public servant" does something reckless and hurts someone else.
     
  21. Solomani macrumors 68030

    Solomani

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    #21
    "Just doing my job" successfully worked as an excuse for millions of WW2 German citizens who were pro-Nazi, surviving Nazi soldiers, and other paramilitary officers. We know that millions of them supported the policies of the Third Reich all along.

    But in the end, the Nuremberg Trials only indicted 24 people for War Crimes. Just 24.
     
  22. localoid macrumors 68020

    localoid

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    #22
    Hell, there was a civil suite against a policemen in my region who allegedly bragged to numerous persons that he routinely masturbated while talking to various women on his cell phone, while he drove around town in the city's police cruiser.
     
  23. Southern Dad macrumors 65816

    Southern Dad

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    #23
    Masturbation wasn't in his job description. Therefore not part of the duties of the job.
     
  24. jkcerda thread starter macrumors 6502

    jkcerda

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    #24
    was he charged? did he get off? :p
     
  25. Southern Dad macrumors 65816

    Southern Dad

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    #25
    Oh no, you didn't go there... :eek:
     

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