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And that's my bad.
But the most operative words in what you shared are "Based on what we know", "From what I know".
Again, this is a reporter interviewing an attorney who did not work the case. Did not hear grand jury testimony. To get the real answers to these questions it would require a real investigation.
How many times have you seen cops & DAs initial say there is nothing there, then there is a public uproar, and then all of sudden they are able to make a case?
Remember the DA said there wasn't anything to charge anyone with Ahmad Aubrey?
Cops ruled this black man's death natural causes and no evidence of foul paly after finding him decapitated in the woods and he told his momma that there these men chasing him and trying to kill him. Because the cops say there was no case you believe them?
https://www.nbcnews.com/news/us-news/black-man-was-found-dead-telling-mother-was-chased-police-said-no-reas-rcna74651
Are you familiar with the expression that grand jury would "indict a ham sandwich"?
Do you you know what I mean when I say it's a question of fact?
Are you always this trustful of cops versions of stories?
>- “Based on what we know, the declination by the Tuscaloosa >DA is correct and Miller should not be charged,’’ said Jay >Town, a former U.S. Attorney and prosecutor in Madison County. >“It doesn’t appear evidence exists that Miller knew that >transferring the firearm was for an unlawful purpose, >hindsight notwithstanding.” > >“Therefore, no (conspiracy or aiding and abetting) would >apply,’’ Town added. “It doesn’t seem there is a >federal theory of prosecution either,’’ under federal >laws. > >“There’s not much dispute about the fact that the act >occurred,” said Tommy Spina, a longtime defense attorney in >Birmingham. “From what I know, intent, in this case, on the >other hand, would have to be shown by circumstantial >evidence. > >Asked by AL.com why Miller was not charged, Tuscaloosa chief >deputy D.A. Paula Whitley said, “That’s not a question I >can answer. There’s nothing we could charge him with,’’ >according to the law, she said. > >Spina said it seems that Miller wasn’t charged with any >crimes because there was not enough evidence to establish that >he had a specific intent to participate in a gun fight >resulting in a death or that he had any knowledge of what was >going on. > >“Again, purely discretionary with law enforcement and >prosecutors,’ Spina told AL.com, noting that most crimes >require the convergence of an act and a state of mind. > >“You can’t just run a can opener around someone’s head >and look in there and find intent,’’ Spina said. >“Apparently, there wasn’t enough evidence to establish >that Miller had the specific intent to participate in an act >resulting in a death.” >-------------------------------------------------------- > >THUS, if they can't prove that he knew what was going to >happen, he can't be charged with aiding and abetting. > >
********** "Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson
"what's a leader if he isn't reluctant"
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