filing that rice s death was directly caused by his own actions, accusing him of, failure to exercise due care to avoid injury. meaning that he was waving around a toy gun. the city denies any wrongdoing but mayor has now apologized for, quote insensitive wording. paul the failure to exercise due care to avoid injury in two seconds? yeah this is a real issue, and this goes into the legal weeds of actual and proximate cause, but taking such an aggressive stand against this dead child and his family and keep in mind this is the exact case that we broke the news here on your show where we talked about ohio being an open carry state and so that even if someone had an actual weapon out, it s not necessarily illegal, and so the actions of the police and the actions of the attorneys who have filed
shooting in berkeley missouri you look at michael brown, you look at eric garner they were doing something that caused the police to be there. and the more we ignore that the longer this problem will go on. you say protesters are ignoring that. they re ignoring everything that led up to a moment when the gun was discharged. you pulled your weapon before. correct. the moment that you pulled your weapon out, are you thinking about potential proportionality of your response? what are you thinking about? i don t see color i don t see size i don t see anything. if there s a threat my job is to take care of the threat. when you look at the berkeley missouri shooting two miles from ferguson one thing that s so different about that case is you have a police officer responding a police officer coming to a place where a gun they say was drawn on the officer. but then the response of the crowd, throwing fireworks into the crowd, into the gas station there is something different among
was shot, partner in the back seat was cradling him, but the more important thing he wants to get out of that i assume is he did not have a gun, he did not try to put a weapon out, and thus tried to negate this whole sense of self-defense. right now he s just trying to show the corpus of the case, that is to say, a young man got shot, he died, his friend was cradling him, there s a lot of emotion involved in this. it s important to establish so the jury can see at the time this kid hadn t been doing anything that would justify being shot at and this person establishes just a basic format that he had been shot and he was there in the back seat and he was emotionally disturbed about what he was doing. another one of the teenagers, tevin thompson, also testified this morning. i want to play a little bit more of his testimony. this is him describing their encounter with michael dunn. did you ever hear jordan davis threaten the defendant in any way? no, sir. did you ever see jordan
danger and god knows hindsight is always 20/20 like i say. wouldn t it be easier for him to start moving slowly? remember, he s in an suv. a 2,000 pound car. start moving it slowly. if they start pounding on the windows, bring a weapon out but is the standard, michael then it s justified. then it s justified. is it standard, though, if he felt his life was in danger, therefore he could do whatever he wants to do including harming other people? well, if his life is in danger, yes. but remember, the young man that was injured and he s no stranger to the criminal law, but he that s putting it lightly. how about a little more slowly. he starts to move out slowly. a little more slowly? this was a gang mentality. there were 23 motorcyclists
i think it may show up. i think george niece understand he is under scrutiny. speeding tickets are not a good thing. given that he is under stress like that, does it concern you that he is armed? well, he acted appropriately, he never took the weapon out. and the only thing he really did was tell the police on the outside of his shirt he made sure the gun was not moving anywhere. and didn t do anything. mr. dean was sort of coming at him. that can be seen in the video. so he had the gun on his person, not in the glove box of his car. that is correct. okay, and that doesn t concern you? it doesn t in that he acted appropriately, certainly in a divorce situation everybody needs to be careful how they act, particularly with a high stress situation. even with the unfortunate incidents of this case, he acted appropriately, and i think the