Categories
Uncategorized

Editorial: Charging decisions in Waukesha parade hit and run case an example of the problem of over-charging

First off let me say that Darrell Brooks, the driver who allegedly ran over six people who were marching in a parade in Waukesha Wisconsin is a criminal. He has an extensive criminal record and if it is proven beyond a reasonable doubt that he was driving the SUV that plowed through parade marchers in multiple video clips then deserves to spend the rest of his life in prison. Nothing included in this editorial should be considered a defense of Brook’s alleged actions. What this article does intend to address is the problem of prosecutors bowing to public pressure to over-charge defendants, and how that can create a situation where individuals are found “not guilty”, because their actions, though heinous, don’t fit the standard of the crimes being charged.

“Brooks, 39, is charged with five counts of first-degree intentional homicide and is expected to face a sixth count after an 8-year-old boy died Tuesday. Waukesha County District Attorney Susan Opper has also said additional charges are likely,” reports Politico.

The exact language of murder statutes varies by state. The phrase “intentional homicide” generally equates to “murder in the first degree” in other states. In Wisconsin, the charge for First Degree Intentional Homicide is listed in section 940.01(a)(1) of the Wisconsin penal code which states: “whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.” The problem with charging Brooks with intentional homicide is there’s no way to prove that he had intent to kill the people that he ran over. In most of the video clips Brooks is driving by parade-goers, not through them, and when he encounters a marching band moving in formation, so there is no open road, he swerves his vehicle and then runs down a single row of marching band members can (as crazy as it sounds) be interpreted as a weak, spur of the moment attempt to minimize bodily harm, as the original trajectory shown in the video suggests that he would have run down two rows of marching band members. Also, proving a First degree or intentional homicide murder charge typically requires proof of “malice aforethought”, such as hiring a “hit-man”, proof of criminal conspiracy, or laying a trap for the person who is to be murdered. There does not appear to be any such evidence in the Brooks case.

The charge for First Degree Reckless homicide is listed at Section 940.02(1) of the Wisconsin penal code and states: “Whoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of a Class B felony.” Criminally reckless homicide with “criminal indifference” to human life is often drafted in other states as “Murder in the second degree”. This is the charge that Brooks should be facing, His actions in driving through a parade route and mowing people down while he was (as police claimed) trying to flee a domestic violence incident clearly demonstrates a criminal disregard for human life. If police are able to establish that he absolutely was the driver of the vehicle that drove through that parade, then there is no question whatsoever of his guilt, and once the jury is sent off to deliberate they should return with a guilty verdict in a very short time.

If it is proven beyond a reasonable doubt that Darrel Brooks was driving the vehicle that drove through the parade route in Waukesha then he is a criminal who demonstrated a reckless disregard for human life, and he absolutely deserves to be sent to prison on six counts of First Degree Reckless homicide. Unfortunately, public outrage over the incident, and public pressure to apply the greatest charges possible has apparently driven the Waukesha prosecutor to over-charge, and in doing so it is entirely possible that if Brooks is able to acquire competent legal counsel, that he will be able to get a “Not guilty” verdict on the intentional homicide charges. the Waukesha case is a perfect example of why prosecutors need to avoid bowing to public pressure, and always apply charges that properly apply to a given crime.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Random thoughts Friday, Volume XLVII

2 hours ago

Maddow: Jeffrey Clark’s letter to Georgia officials appears to have been written by the Trump White House, not Clark

2 hours ago

Hannity thinks Biden’s cold is a conspiracy

2 hours ago

Crumbleys really are on the lam

3 hours ago

Man who regularly misspells “McDonald’s” becomes father

4 hours ago

Russia Coronavirus death toll likely surpasses US total: analysis

5 hours ago

Trump DOJ coup plotter calls in sick to Jan 6 committee testimony

5 hours ago

Oxford HS principal emailed parent telling her there was no threat to school weeks before Crumbley rampage: Detroit Free Press

6 hours ago

Wisconsin GOP’s 2020 election enforcer seeks to have Green Bay and Madison mayors jailed over non-compliance with subpoenas

7 hours ago

Michigan school shooter’s parents fail to show for arraignment UPDATE: Attorney says Crumbleys returning to face charges

9 hours ago

White Christmas in the forecast for Phoenix area

9 hours ago

North Carolina brewery debuts “Don’t Be Mean to People” brew to combat Lt. Gov’s statement that LGBTQ people are “filth”

9 hours ago

Biden signs government funding bill

10 hours ago

John Eastman pleads Fifth to Capitol riot committee

12 hours ago

Michigan school shooter’s parents charged with manslaughter

12 hours ago

Rubio welcomes visit from far right Chilean presidential candidate

12 hours ago

British Conservative activist sentenced to eight years in prison

13 hours ago

Kraken falsified non-profit incorporation papers: report

14 hours ago

Nimrata finally granted an audience with the illustrious Orange One

14 hours ago

Maryland fire officials unsure if snakes made it out of house owner accidentally torched when trying to scare them out with smoke

15 hours ago

QAdulteress doesn’t want Stacy Abrams to be her “Governer”

16 hours ago

Texas House speaker throws shade at Lt Gov over grid failures

16 hours ago

Senate GOP publicly pretending Oz campaign a good idea

18 hours ago

More than 60 Michigan schools shut by threats

19 hours ago

“Alternative Mueller Report” located, being prepped for release

23 hours ago

DeSantis proposes new state military force only he would control

1 day ago

Shaheen doesn’t cotton to Cotton’s claims about Russia

1 day ago

NFL suspends three players for falsifying vaccine status

1 day ago

Senate passes stop-gap funding bill, averting shutdown

1 day ago

Moscow Mitch says Senate GOP won’t release 2022 platform

1 day ago

Airlines still owe consumers $20B in refunds for cancellations in 2020

1 day ago

Tucker Carlson asked Hunter Biden to write recommendation letter for his son’s college application: 2014 email posted by Lin Wood

1 day ago

Biden outlines plan to address coronavirus in coming months

1 day ago

MAGA media asshole accuses Meadows of links to ChiComs

1 day ago

Scottsdale cops say no charges for school official whose dossier on MAGA parents caused screaming right wing media meltdown

1 day ago

Gateway Pundit begging for donations to fight Georgia lawsuit

1 day ago

Meadows may have waived executive privilege with book: Schiff

1 day ago

House passes stop-gap spending plan; it now heads to Senate

1 day ago

WT actual F is Fox News doing?

1 day ago

Team Kraken hit with $175,249 in legal fees over failed 2020 election lawsuit against state of Michigan and city of Detroit

1 day ago

MyPillow dropping lawsuit against Dominion Voting

1 day ago

Yellowstone wildlife workforce to be cut by 600 to 900: officials

1 day ago

Happy Palindrome Day!

1 day ago

“Queen of Canada” detained by Mounties over death threats

1 day ago

South Carolina nurse indicted for creating fake vaccination cards

1 day ago

QAdulteress screams “LET’S GO BRANDON” at House Dem

1 day ago

Astronauts repair ISS antenna after delay due to space junk

1 day ago

Pelosi on GOP government shutdown threat: “This is so silly.”

1 day ago

Second US omicron case identified in Minnesota

1 day ago

Liberty University teacher arrested for sexually assaulting student

2 days ago

x
x
x
x
x
x