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Police officer charged with MURDER of Dalian Atkinson


Fordy62

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Bizarre situation - if it was a case of him just being tasered and losing his life from that then it is just tragic, but to be charging a Policeman for murder then there surely has to be more to this.

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Murder requires there to be an intent to kill, or an intent to seriously injure. 
 

Police officers are taught during training they tasers are non lethal force and that any injury sustained will only be temporary. So I’m not sure how they could ever be considered intention to seriously injure.

 

if it’s being suggested that their use of taser was wholly unlawful and unwarranted then surely this should be a manslaughter case. 

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Alternative charge of Unlawful Manslaughter also put forward by CPS for the officer charged with Murder. Guess CPS are hedging their bets knowing the manslaghter charge will be easier to prove. As Fordy alludes to there must be so much more to this case than a simple tasering.

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2 hours ago, Fordy62 said:

Murder requires there to be an intent to kill, or an intent to seriously injure. 

Absolutely my first thought Fordy.

From the reports at the time I thought police had been called to protect Atkinson's old man as his son, in an extreme state of agitation, was threatening him kill him. So assuming via random allocation these officers were called upon to attend, carrying police authorised equipment, I'm struggling to see what premeditated grudge either officer might hold? Atkinson, being a comparatively fit and healthy young man, wouldn't have been identified as a higher risk candidate re use of an approved taser. Had they shot him I'd understand, but tasers aren't supposed to cause death or serious injury. In which case this must relate to what the officers did after they'd incapacitated him using the taser. For that to result in a charge of murder implies their use of force must have been extreme and prolonged.

 

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6 hours ago, Fordy62 said:

Murder requires there to be an intent to kill, or an intent to seriously injure. 
 

Police officers are taught during training they tasers are non lethal force and that any injury sustained will only be temporary. So I’m not sure how they could ever be considered intention to seriously injure.

 

if it’s being suggested that their use of taser was wholly unlawful and unwarranted then surely this should be a manslaughter case. 

@Fordy62

Bizarre alternate indictment proposed of unlawful act of manslaughter.

I wonder if the CPS have little  confidence that the original charge will stand up in court, under proper cross legal examination.

R v Murray, is a bit of a game changer for gross negligent manslaughers. As the definition of grossness has now been amended.

That's why the jury at Hillsborough trial struggled to reach a verdict over Duckenfield.

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It does seem odd.

This bloke was tasered in Plymouth whilst doused in petrol and this set him on fire and he died; the police officer was using the taser to try to stop him setting fire himself with a lit match he was holding and there were no charges.

Intent has surely to be paramount in these cases or, given that tasers can cause heart attack and deaths, police officers  would be well advised to refuse to carry them and leave them in their lockers.

https://www.independent.co.uk/news/uk/crime/police-officer-will-not-face-charges-for-tasering-man-doused-in-petrol-who-caught-fire-and-died-9799952.html

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13 minutes ago, ncnsbcfc said:

@Fordy62

Bizarre alternate indictment proposed of unlawful act of manslaughter.

I wonder if the CPS have little  confidence that the original charge will stand up in court, under proper cross legal examination.

We had exactly that discussion today, you don’t ever see that. I can easily see murder being dismissed. 
 

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4 hours ago, BTRFTG said:

Absolutely my first thought Fordy.

From the reports at the time I thought police had been called to protect Atkinson's old man as his son, in an extreme state of agitation, was threatening him kill him. So assuming via random allocation these officers were called upon to attend, carrying police authorised equipment, I'm struggling to see what premeditated grudge either officer might hold? Atkinson, being a comparatively fit and healthy young man, wouldn't have been identified as a higher risk candidate re use of an approved taser. Had they shot him I'd understand, but tasers aren't supposed to cause death or serious injury. In which case this must relate to what the officers did after they'd incapacitated him using the taser. For that to result in a charge of murder implies their use of force must have been extreme and prolonged.

 

I don't think he was though, 48 at the time and also had a range of personal health problems including his heart.

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51 minutes ago, grifty said:

I don't think he was though, 48 at the time and also had a range of personal health problems including his heart.

That may not be evident if he looked reasonably fit.  Unless there is definite evidence that the coppers did something drastically wrong, it’s an odd case.  I have some sympathy, even having had my own run ins with law enforcement a few years ago, damned if they do taser, damned if they don’t and the person hurts or kills someone’s else.

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