Manslaughter Charges in Philando Castile shooting.

[MNGuy]

The officer that shot and killed Philando Castile four months ago in a routine traffic stop has been charged with second degree manslaughter and dangerous discharge of a firearm. Those are the charges against Officer Jeronimo Yanez.

Let the investigation finish before rushing to judgement. I always wanted to know what happened prior to the shooting, and the criminal complaint lays it out in detail. Looks like a hair trigger reaction by the police officer.

CCW people need to be extra careful during LEO encounters, especially at first until the LEO feels he is in control and safe.

During a news conference Wednesday, Choi said that Yanez and his partner, Joseph Kauser, pulled Castile over the night of July 6 because he matched the description of a robbery suspect, and noted his “wide-set nose.”

St. Anthony officer Jeronimo Yanez fired the shots that killed Philando Castile during a traffic stop.

City of Lauderdale St. Anthony officer Jeronimo Yanez fired the shots that killed Philando Castile during a traffic stop.

Castile immediately complied with the stop, Choi said. Dashcam video and audio captured the next “critical minute,” Choi said.

Yanez said he was aware that Castile was buckled in his seatbelt. He described Castile as initially having his left arm over the steering wheel with both hands in view. Yanez and Castile exchanged greetings, and Yanez told him about a broken brake light. Yanez asked Castile to produce his driver’s license and proof of insurance. After Castile provided him with the insurance, “Castile then calmly and in a non-threatening manner said, ‘Sir, I do have to tell you that I have a firearm on me,’ ” Choi said.

Yanez replied OK, then placed his hand on his gun, according to Choi.

Yanez said “Don’t reach for (the gun),” Choi said.

Castile responded, “I’m not pulling it out.”

Yanez screamed “Don’t pull it out,” then with his left hand reached inside the vehicle. Yanez withdrew his hand, then fired seven shots in rapid succession.

The final shot was fired at 9:06 p.m.

Castile’s final words, Choi said, were “I wasn’t reaching for it.”

“His dying words were in protest that he wasn’t reaching for his gun,” Choi said. “There simply was no objective threat posed to Officer Yanez.”

Choi said the Minnesota Bureau of Criminal Apprehension interviewed Yanez the day after the shooting., Yanez said that after Castile told him he had a gun, Castile blocked the view of his right hand with his shoulder while he was reaching down.

“At that point, Officer Yanez said he was scared for his life,” Choi said.

 

[Not Normal]

I saw this in the blurt thread and said "I hope its the beginning of the pendulum starting to swing back."

 

[ifrtbttrflys]

This eventual verdict totally depends on if the jury finds whether or not Castille was reaching...for anything.

From the very first testimony of the officer, that after Castille informed him he had a gun he told him not to reach for it, and then, with even more forcefulness told him not to reach for it again, it seemed to me that Castille must've been moving in a way that was interpreted by the cop as reaching, anyway.

That probability is strengthened by Castille himself in his last words saying he wasn't reaching for his gun, implying he was reaching for something else.

Castille told Yanez he was armed. Yanez told Castille not to reach for his weapon. Castille replied he wasn't reaching for it. Yanez again told Castille not to reach for his weapon, this time more frantically, reached inside the vehicle for some reason, immediately pulled back and then blew Castille away.

If the jury believes Yanez thought Castille was reaching for anything - doesn't matter what for - they will find him not guilty of the charge. If they don't find Yanez's recalling of events practical, they'll find him guilty as charged. Either verdict is as good as justice as any reasonable person can logically expect.

Of course to the already biased (on both sides), they'll still consider themselves right even when another jury finds their prejudices totally wrong.

 

[nerfhearder]

Jeronimo Yanez is a really cool name.

 

[JoanneA]

I like ItsyBitsyButterflies.

 

[Hard_Rom]

Does anyone think this cop will be found guilty?

Any excuse (not defence) will suffice.

 

[nerfhearder]

Does anyone think this cop will be found guilty?

Any excuse (not defence) will suffice.

It won't take much to get him off so probably not but one never knows with this stuff. I didn't think Trump would win either.

 

[Noor]

Does anyone think this cop will be found guilty?

Any excuse (not defence) will suffice.

yes, I think he will be found guilty/

 

[4est_4est_Gump]

I doubt a jury convicts him.


They will be reminded that hindsight is, after all, 20-20, a cop's life is on the line every time he has to say goodbye to his family and go to work, and the climate of fear created by George Soros, our Uniter in Chief and #blackliversmatter.

 

[Bookishleigh]

I doubt a jury convicts him.


They will be reminded that hindsight is, after all, 20-20, a cop's life is on the line every time he has to say goodbye to his family and go to work, and the climate of fear created by George Soros, our Uniter in Chief and #blackliversmatter.

I disagree with you. There is so much resentment right now towards the establishment that he could easily be found guilty. The jury will wonder why the alleged victim was shot after the alleged victim informed him he had a gun. They will expect the officer to have had a camera on his vest or person. They will also find the use of four shots excessive.

I am not saying I agree with a guilty verdict, but it's just my experience of juries and the current political climate. Crime shows have not helped law enforcement.

And my use of the word alleged when describing the victim is not meant to imply my feelings toward Mr. Castro - just habit.

 

[Christobal]

You know the more this comes up I think things will get better. Cops have an awful job where they may really be in danger. There are also the times when cops have the general attitude that the public is the enemy so I have to kill them first.

I don't see this as pick one bad guy over the other. I do think the cops should take a step back and think about when deadly force is necessary. It is a matter of training.

 

[Bookishleigh]

You know the more this comes up I think things will get better. Cops have an awful job where they may really be in danger. There are also the times when cops have the general attitude that the public is the enemy so I have to kill them first.

I don't see this as pick one bad guy over the other. I do think the cops should take a step back and think about when deadly force is necessary. It is a matter of training.

Sorry - but I have to disagree with you. The racial tension in this country is higher than they've been in decades. I think the last time they were this high was during the time of segregation. Trump had to go on camera and tell his supporters to "stop it" in terms of their behavior. Whether he intended to or not, he gave a voice to many racists. Police officers may not share the same beliefs and ideologies of the racists and bigots on the streets but when that violence on the street hits they either won't bother paying to color or they will be angry at the minority groups for causing the problems.

 

[Christobal]

Sorry - but I have to disagree with you. The racial tension in this country is higher than they've been in decades. I think the last time they were this high was during the time of segregation. Trump had to go on camera and tell his supporters to "stop it" in terms of their behavior. Whether he intended to or not, he gave a voice to many racists. Police officers may not share the same beliefs and ideologies of the racists and bigots on the streets but when that violence on the street hits they either won't bother paying to color or they will be angry at the minority groups for causing the problems.

I am not sure what you mean. Trump is a phenomenon that has happened in the last year. Police shootings have been going on forever.

 

[Noor]

I think in this particular case it was a more conceal carry gun issue than one of race.

 

[Bookishleigh]

I am not sure what you mean. Trump is a phenomenon that has happened in the last year. Police shootings have been going on forever.

I am not saying Trump is responsible for this shooting - he just represents a portion of the population that feel any crime against the black community is justified because all blacks are "thugs." Trump refused to condemn the white supremacists who were voting for him. DNA evidence showed the Central Park Five did not comment the crime they were convicted of and yet Trump STILL stated they were guilty. These types of actions give credence to violence committed against members of the black community. So yes, white police action shootings have been occurring "forever," our societal trends toward the alleged victims of these shootings is shifting to making them responsible for these these acts instead of victims.

 

[ifrtbttrflys]

“They killed my boyfriend. He’s licensed he’s carried so he’s licensed to carry. He was trying to get out his ID and his wallet out his pocket and he let the officer know that he was that he had a firearm and he was reaching for his wallet and the officer just shot him in his arm.

As Reynolds describes what happened, the officer can be heard saying “I told him not to reach for it,” before yelling “f*ck.”

From Castille's girlfriend's video, it seems pretty definite that Castille was definitely reaching for something and that was the reason why Yanez shot him: because Castille told the cop he was armed and was reaching for something anyway after already being told twice not to.

Any responsible armed citizen, after informing an officer that he was armed, and the officer then immediately placing his hand on the butt of his own weapon and ordering the citizen not to reach for his weapon, WOULD NOT continue reaching for ANYTHING, and would most certainly freeze if the officer told him a SECOND TIME. Yet, Castille kept reaching even after that. Does it even matter if Castille was telling him he was reaching for his wallet? Does it matter when an officer ready to draw on you orders you not to reach for it - twice?

Yanez is charged with Minnesota second degree manslaughter:

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.

He's also charged with two counts of intentional discharge of a dangerous weapon, a felony, which seem like ludicrous charges since it also seems pretty clear Yanez only discharged his weapon in reaction to Castille's reaching, which has no malicious intent involved with that at all.

And truth be told, the second degree manslaughter charge is very suspect because it is a very weak charge compared to the serious oratory voiced by the County attorney in announcing that weak charge.

I do not believe an impartial jury will convict Yanez on any of the three counts, because Castille clearly not fully obeying an officer's direct orders was the actual cause of him being shot.

 

[ifrtbttrflys]

Interestingly, County attorney John Choi brought the charges against Yanez all by himself, deciding against presenting evidence to a grand jury for possible indictment, claiming himself to “be directly accountable to the public.”

Choi was in private practice until winning election as St. Paul, MN's city attorney; after winning the Minnesota Democratic–Farmer–Labor Party's endorsement on its first ballot (the DFL is the Democratic Party in MN), he went on to raise twice as much $$$ as his two challengers combined and was elected Ramsey County (MN) attorney in 2010.

I see it as a political win-win for Choi: without taking any chance a grand jury might decline to indict, if this lone ranger act results in Yanez being convicted, Choi's way to at least the future mayorship of St. Paul will certainly be paved nicely, if not immediately paved to state office, too; oth, even if Yanez is found not guilty on any charges, Choi will still be seen by Twin Cities/MN progressives as a hero for bringing the charges in the first place.

Very, very good political career move.

 

[Noor]

I think his name is spelled Choi.

 

[Hard_Rom]

Interestingly, County attorney John Coi brought the charges against Yanez all by himself, deciding against presenting evidence to a grand jury for possible indictment, claiming himself to “be directly accountable to the public.”

Coi was in private practice until winning election as St. Paul, MN's city attorney; after winning the Minnesota Democratic–Farmer–Labor Party's endorsement on its first ballot (the DFL is the Democratic Party in MN), he went on to raise twice as much $$$ as his two challengers combined and was elected Ramsey County (MN) attorney in 2010.

I see it as a political win-win for Coi: without taking any chance a grand jury might decline to indict, if this lone ranger act results in Yanez being convicted, Coi's way to at least the future mayorship of St. Paul will certainly be paved nicely, if not immediately paved to state office, too; oth, even if Yanez is found not guilty on any charges, Coi will still be seen by Twin Cities/MN progressives as a hero for bringing the charges in the first place.

Very, very good political career move.

Yet another thing wrong with US judicial and political shit. Grandstanding by prosecutors for votes. How can the rule of law rule, when prosecutors and judges pander to the mob. Charges are supposed to be laid entirely based on the rule of law not future political gains.

With the prevalence of guns in the US I'm not surprised your cops are trigger happy. Won't be surprised if they diagnosed most of them with PTSD after a few months on the job. Like being in a combat zone.

Racism, poverty out of control, rampant gun ownership and corrupt or pandering judges, prosecutors and politicians. Trumps got his work cut out for him making America great again that's for sure.

Manslaughter, no way! Felony intentional discharge of a firearm, maybe.

 

[ifrtbttrflys]

His name is indeed spelled, C-h-o-i. Thank you for the correction.

 

[MNGuy]

The mistake Castile made was saying, "Sir, I do have to tell you that I have a firearm on me." At that point the officer knows Castile has a firearm, but doesn't know why, was it a legal carry, or an illegal weapon.

Instead Castile should have said, "Sir, I have a permit to carry, and am carrying, how do you wish to proceed." Then kept his hands on the steering wheel until the officer gave instructions.

Piss poor choice of words got him shot.

 

[Noor]

The charges are based on information from the police dash can and audio.
http://www.twincities.com/2016/11/1...jeronimo-yanez-will-be-charged-ramsey-county/

 

[Sean Renaud]

The mistake Castile made was saying, "Sir, I do have to tell you that I have a firearm on me." At that point the officer knows Castile has a firearm, but doesn't know why, was it a legal carry, or an illegal weapon.

Instead Castile should have said, "Sir, I have a permit to carry, and am carrying, how do you wish to proceed." Then kept his hands on the steering wheel until the officer gave instructions.

Piss poor choice of words got him shot.

Oh fuck that. Cops have the responsibility to be responsible and ask pertinent questions like that. I shouldn't need to remember the secret song and dance routine not to be shot by police.

 

[Noor]

Oh fuck that. Cops have the responsibility to be responsible and ask pertinent questions like that. I shouldn't need to remember the secret song and dance routine not to be shot by police.

Agreed, and I think Choi agrees also.

 

[Hard_Rom]

Piss poor choice of words got him shot.

Poor choice of words gets you shot. I thought it took an overt act of violence. No wonder cops are shooting so many people!