...and into the fire
Originally Posted by jmdaniel
I would have to research the charging documents; but if a subject is charged with murder though not charged with manslaughter; can a jury arbitrarily find him guilty of that lessor charge?
Does not manslaughter have to be listed as one of the charges?
21 years Army (retired)
...been everywhere, seen everything, done almost everything.
IBA 80537
I agree with your logic here... and I had the same thoughts and question of the multiple charges leveled in this trial. It seems reasonable to believe that jury consideration of each charge, in order of descending degree, would result in at least some finding of guilt. If the jury couldn’t get to 1st murder... and neither could they reach 2nd... then I would expect them to find for manslaughter, at least.
I would have loved to sit in the gallery on this and observe the proceedings first hand.
"1.21 gigawatts?! 1.21 GIGAWATTS??! Great Scott!!"
The jury, in a second-degree murder charge is allowed to consider first degree murder and involuntary manslaughter which means that the jury had no intention of returning a guilty verdict no matter what. If this doesn't scream involuntary manslaughter, in my opinion first-degree murder, nothing does. I'd like to see the transcripts from the voir dire which his how the defense lawyers look for their plants to set this miscreant free.
Equitare solum equitare amplius
This trial had absolutely nothing to do about Kate Steinle's murder and the guilt of the murderer. It was purely a national political statement on sanctuary state polices and a big F-U to the current administration's secure border policies, nothing more.
SF has run every gun store out of the its city limits. SF is located in the most anti-2A state in the union. CA is home of the 9th Circus Court, the most overturned liberal court in the nation. CA will make any shooting a political anti-2A statement UNLESS they have a more outstanding political statement to make which in this case is sanctuary city policies.
Garcia confessed to going to SF because he knew they would protect him in the sanctuary city. The prosecution is half responsible for choosing the jury. The judge refused to allow the jury to feel for themselves how heavy the trigger pull was. The BLM officer testified he had left his P239 in DA mode which means it was @ 10lbs in DA and if the murder had put it in SA, it would be @ 6lbs. The P239 has no record of drop fire problems so the gun did not fire itself.
The defense used the definition of Involuntary Manslaughter to argue the murder's innocence. Garcia confessed to shooting Kate Steinle. This by itself should have been a confession to Involuntary Manslaughter neither disputed by the defense nor the prosecution, and then was not charged with any death related charges. That right there is a political statement, nothing more, not a murder or accidental death trial.
A little history on California's liberal judges making sanctuary state policies from the bench at the expense of and against the will of the American citizens:
https://en.wikipedia.org/wiki/Califo...roposition_187
Thanks for explaining that Mike.
I have always been a proponent for placing nuclear cratering charges along the Kalifornia borders shared with Arizona/Nevada/Oregon. And detonating them.
Just make sure Feinstein, Pelosi and Boxer are resident in the state before it slides off into the Pacific.
21 years Army (retired)
...been everywhere, seen everything, done almost everything.
IBA 80537
I know you would be the man for the job will, I'll drive the getaway Humvee. What you have here is a classic case of jury nullification. What they said loud and clear is we don't give a shit that this girl was murdered we are going to send a message that California will always be a sactuary for illegals regardless of what President Trump says or does. Come here and we will protect you. Liberals have always manipulated minorities, illegals, homos, et. al. to do their bidding. They stay in the background, like a puppetmaster, while maneuvering and targeting the American way of life they despise. They scoff at traditonal nuclear families, Christian values, patriotism, the superiority of Western Civilization and have these useful idiots at their disposal who are more than willing to volunteer for the job. Anything that may hint of the previously mentioned will be put into the cross hairs and have the full weight of their legal antagonists, money and ire fired at them. Example: It's not enough the Little Sisters of the Poor and Hobby Lobby won their cases at the Supreme Court, that wasnt enough for the California A.G. who filed a case against the Sisters in a direct snub to the Court. To say this is political would be an understatement as it always is.
Equitare solum equitare amplius
One other observation. No D'RATs have made a single public statement since this acquittal.
Pelosi, SwineStein, Schumer, Kamala Harris (former CA AG), Boxter, Newscum, Leon, all of the CA Super-Majority, .... Absolute radio silence on their parts.
They know the toxic stench of their failed policies is too great to publicly defend it or go anywhere near it.
Okay, thx fellas. I just couldn't figure out why he didn't at least get found guilty on the involuntary, and it appears I am not alone in my confusion.
They know at the voir dire if they have the case clinched. Remember if you're guilty you want a jury, all you need is one, if you're not guilty then you usually go for a bench trial. I was rammed from behind in a telephone truck by a FedEx driver who they found out later was driving with a suspended license. My lawyer moved the case to another borough ( county) and I asked him why and he said "More people are on welfare in the Bronx so they don't care how much money they give away." These lawyers are in these courts every day all day and they know the judges and what jurys they need. If this had been a Bosnian illegal immigrant or a Canadian illegal immigrant he would have been guilty, it was precisely because he was an illegal Mexican that he was found not guilty.
This is the anti-American mentality thumbing their collective noses at us without any regard for the rule of law. So I say game on - build the wall, cut off funding to these cities, stop traveling there on vacation, and start some necessary vigilanteism at the border and in the city as the "just us" system has failed and not because the law is bad. The problem is the only requirement for a juror is to have a pulse, they don't look at the facts, the law or the rules they just hold their noses through the proceedings all the while knowing exactly how they will vote. It stems from the refusal of immigrants from the non-European 1965 immigration act to assimilate into the distinct American culture, thank you Ted Kennedy. They continually refer to the land they fled as "my country", makes me want to puke. I never heard any of my relatives from Italy, even my new daughter-in-law from Sicily, refer to the land they fled from as "my country" She is going through the long and expensive process of becoming a US citizen and only speaks English, albeit broken, to my grandson. Until we start letting in people who want to become Americans this will only get worse. There will be these polyglot of citizens who refuse to accept anything American but will have no problem syphoning off the benefits America provides but never contributing to or wanting to join the distinct American culture.
Equitare solum equitare amplius
Spot on. Taxfree4 for President. After Trump completes his second term.
I know that he won't run, but Ill be in good company when he's around.
Seriously. There are more of us out there that think like this; then those you think you know of...
The Silent majority. It rose up during the last general election. It will again.
21 years Army (retired)
...been everywhere, seen everything, done almost everything.
IBA 80537
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