• BertramDitore@lemmy.world
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    4 months ago

    Judge Simpson said that “there is no direct link between the warrantless entry and Taylor’s death.”

    What?! How does that make any sense? If the cops didn’t illegally enter her apartment without a warrant, Breonna would still be alive today. Cause meet effect. How is that not a direct link?

    • 2pt_perversion@lemmy.world
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      4 months ago

      I think the opinion (as bad as it is) is that if the warrant was good the judge thinks the exact same thing would have happened. So the fact that these assholes knowingly lied to get the warrant isn’t a “direct link”.

      To me making that argument kind of signals that no-knock warrants shouldn’t be a thing at all if you accept that an innocent would die either way because it’s so fucked up…and on top of that the cops still clearly caused this by lying because this isn’t a case of good warrant vs bad warrant - this is a case of bad warrant vs no warrant and Breonna still being alive.

    • ArbitraryValue@sh.itjust.works
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      4 months ago

      I think the legal principle here is that of a superseding cause. The case law on this matter is really complex and I, as someone who is NOT a lawyer, cannot comment on the merit of the judge’s decision. However, the case described in that Wikipedia article is illustrative:

      if a defendant had carelessly spilled gasoline near a pile of cigarette butts in an alley behind a bar, the fact that a bar patron later carelessly threw a cigarette butt into the gasoline would be deemed a foreseeable intervening cause, and would not absolve the defendant of tort liability. However, if the bar patron intentionally threw the cigarette butt into the gasoline because he wanted to see it ignite, this intentional act would likely be deemed unforeseeable, and therefore superseding.

      • grue@lemmy.world
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        4 months ago

        The case law on this matter is really complex and I, as someone who is NOT a lawyer, cannot comment on the merit of the judge’s decision.

        What are you talking about? Of course you can! Any reasonable person can see that this decision is bullshit, nuances of superseding cause be damned.

      • BertramDitore@lemmy.world
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        4 months ago

        Wow that hurt my head. I read the rest of the Wikipedia page and I think I understand, but damn, I’ll need to read the judge’s full opinion to see just how creatively he applied that principle. Tort law is not for me.

      • catloaf@lemm.ee
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        4 months ago

        Sounds like that only reduces it to wilful negligence, not malice. There’s still significant liability there.

        Also, I’m pretty sure we’re talking about the officers that wrote up the warrant request, not the ones actually on scene who did the shooting.

  • faltryka@lemmy.world
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    4 months ago

    That’s an awfully misleading situation. They state that her boyfriend’s gunshot caused her death, which I think most people would reasonably interpret to mean that her boyfriend shot her in the moment, but what they really mean is that if he hadn’t opened fire on police officers entering their home without prior warning, they wouldn’t have returned fire and killed her.

    • Flying Squid@lemmy.world
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      4 months ago

      It also sounds like precedent to excuse cops murdering children.

      “Their parents killed them by opening fire at the intruders they didn’t know were cops with the gun they legally have to protect their family.”

    • ArbitraryValue@sh.itjust.works
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      4 months ago

      Who is saying that and where?

      Edit: Never mind, I found it. Note that this is the newspaper’s phrasing. Apparently what the judge actually wrote is more technical and less misleading:

      In his ruling, Judge Simpson wrote that the gunshot fired by Walker “became the proximate, or legal, cause of Taylor’s death.”

      • almar_quigley@lemmy.world
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        4 months ago

        It’s still the same concept. The exciting incident is breaking and entering by the cops. Judge is still stating them entering illegally is not the cause which it is.

    • ipkpjersi@lemmy.ml
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      4 months ago

      They state that her boyfriend’s gunshot caused her death, which I think most people would reasonably interpret to mean that her boyfriend shot her in the moment, but what they really mean is that if he hadn’t opened fire on police officers entering their home without prior warning, they wouldn’t have returned fire and killed her.

      Holy shit that’s beyond fucked. How can a judge rule that?

      edit: Oh nvm, I just saw who appointed that judge, wow.

  • 2ugly2live@lemmy.world
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    4 months ago

    They waited nice and long to do this so people wouldn’t notice because her murder was discussed a lot.

    What fuckers.

  • qevlarr@lemmy.world
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    4 months ago

    Charges dismissed does not mean he was found not guilty. They could charge him again. Given what we know, the cops fucked this up. No-knock raids are a death sentence.

  • acosmichippo@lemmy.world
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    4 months ago

    “She wasn’t clear enough on policies”

    “I still don’t feel like she’s ready”

    yeah yeah yeah bro whatever.

  • Doorbook@lemmy.world
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    4 months ago

    I read this and I was not surprise because since October they have been blaming Hamas for the genocide in Gaza, and it seems this form of gaslighting is engrave in USA politics.

    • randon31415@lemmy.world
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      4 months ago

      Hamas: “Israel didn’t announce who they were, so I assumed they were intruders and opened fire. Then they shot back and killed my civilians!”

  • jordanlund@lemmy.world
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    4 months ago

    Hate to say it, but I called it back when this happened. Shooting at the cops NEVER gets you an expected outcome.

    That being said, the no-knock warrant was the reason the cops got shot at.

    The bad warrant was the reason for the no-knock raid.

    The judge only stopped looking for root cause at step 1.