Ramsey County Attorney John Choi announced during a Wednesday morning press conference that officer Jeronimo Yanez will face three charges for shooting and killing Philando Castile on July 6.
Choi said it was his conclusion that "use of deadly force by Officer Yanez was not justified." Yanez was charged Wednesday with second-degree manslaughter and two felony counts of dangerous discharge of a firearm.
Castile, 32, was fatally shot July 6 by St. Anthony police officer Jeronimo Yanez during a traffic stop in Falcon Heights. A video recorded by his girlfriend, showing him bleeding in the car while the officer stood nearby, touched off widespread outrage and protests.
Choi's office has been reviewing evidence in the shooting since Sept. 28, when the Minnesota Bureau of Criminal Apprehension handed him its findings. Choi said Wednesday he chose to make the decision on charging himself, rather than turning the case over to a grand jury.
In explaining how Yanez's actions did not meet the legal standard for justified use of deadly force, Choi said "it is not enough... to express subjective fear of death or great bodily harm."
The charges come a year and a day after Minneapolis police fatally shot Jamar Clark, a case that Choi has used as guidance in his handling of the Castile shooting. Choi has noted that Hennepin County Attorney Mike Freeman reviewed evidence in the Clark case for seven weeks before deciding that the officers should not be criminally charged in Clark's death. Freeman did not take the Clark case to a grand jury, going against long-held practices in Minnesota.
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Regardless of the merits of any civil suits, I believe that the fanbois will call it "the ghetto lottery".Regardless of what happens in court I believe the city will settle with the girlfriend in the form of a big check.
Attorneys for a Minnesota police officer accused of fatally shooting Philando Castile during a traffic stop say the 32-year-old black man was reaching for his gun when he was killed.
In a memorandum filed on Tuesday, defense attorneys for officer Jeronimo Yanez argued his actions were 'intentional and justified' because Castile reached for his gun, which they said was 'accessible'.
The memo contradicts prosecutors' claims that Yanez, who is charged with manslaughter and two felony counts of dangerous discharge of a firearm, didn't see the weapon and made conflicting statements about it..
From Lawyers claim cop was 'justified' in shooting dead Philando Castile because the black cafeteria worker 'was reaching for his gun' moments before his girlfriend captured his death on Facebook live[/URL]:
The memo contradicts prosecutors' claims that Yanez, who is charged with manslaughter and two felony counts of dangerous discharge of a firearm, didn't see the weapon and made conflicting statements about it..
Look at the Charles Kinsey shooting. He, the North Miami PD, and the police union have told AT LEAST three mutually exclusive stories. There's not the slightest indication that the shooter will face any consequences at all.Sounds like, through his lawyer, he just made another one. Doesn't matter though. He'll get off.
Look at the Charles Kinsey shooting. He, the North Miami PD, and the police union have told AT LEAST three mutually exclusive stories. There's not the slightest indication that the shooter will face any consequences at all.
The trial is on:
Link Removed
Philando Castile case: Opening day of trial begins with jury selection, legal sparring
Thanks bofh.
What do you think about the judge "leaning towards" editing out the portion of Reynolds' recording telling Yanez and the FaceBook audience (if any) that Castile had a permit to carry?
Combined with the defense's clear intentions to paint Castile as having smoked pot in close time-proximity to the killing, it looks to me like every stereotype of young black men in the book, including trying to suppress information concerning his status as a permitted carrier, will be used to confuse the jury into thinking Castile was a thug on-par with Michael Brown and Trayvon Martin.
I guess we'll see, but I'm pretty sure we're about to sit around our computers and TVs to watch the next installment of Kabuki Theater for the Masses. Let the games begin....
Blues
An officer who arrived on the scene, Roseville police Officer Juan Toran, said he performed CPR on Castile. As paramedics were rolling Castile onto a backboard, Toran said he saw the gun slide out of Castile’s front right pocket. Toran said he didn’t even have to reach into the pocket to grab it.
But St. Paul firefighter Eric Torgerson, a paramedic, testified that he saw an officer reach deeply into the pocket to retrieve the pistol.
Castile was shot after voluntarily telling Yanez he had a gun, Dusterhoft said, adding that Yanez’s instructions — “OK, don’t reach for it, then” — could have been clearer.
“He didn’t tell Mr. Castile to freeze,” the prosecutor said. “He didn’t tell him to put his hands up.”
Defense attorney Paul Engh argued in his opening statements that Castile ignored Yanez’s orders, forcing the officer to act within his training and accepted police protocol to protect himself.
“He has his hand on the gun,” Engh said of Castile’s movements in the car. “The next command is, ‘Don’t pull it out.’ … [Yanez] can’t retreat … But for Mr. Castile’s continuous grip on the handgun, we would not be here.”
This is also interesting: Dashcam footage of Philando Castile shooting played in Yanez trial. Most notably:
“He has his hand on the gun,” Engh said of Castile’s movements in the car. “The next command is, ‘Don’t pull it out.’ … [Yanez] can’t retreat … But for Mr. Castile’s continuous grip on the handgun, we would not be here.”
I've read a ton of coverage on Castile's killing, and this is the first I've read of him actually gripping his gun. In Reynolds' video Yanez says he told him not to "reach" for it, yet his attorney says he had a "continuous" grip on it. Can't reach for something you're already gripping. Sounds like the attorney is counting on the jury to be as devoid of logic and reason as he himself is. Unfortunately, he may be right.
Blues
The question is whether the prosecution values Castile's life sufficiently more than Yanez's career to point that out.Both of the quotes I mentioned show that the defense came well prepared with a story to tell for the jury that is contradicted by facts.
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