Nutz
Gold Member
- Feb 27, 2014
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- #61
Whether or not a criminal charge is lodged depends on the DA -- who is always partial to the police. The PD probably will claim the officer's acted in accordance with Procedure and the DA will be satisfied with that. This is why relatively petty examples of police misconduct or brutality are usually ignored. Plaintiffs in such examples can't afford an experienced lawyer, or any lawyer, and even if a suit is filed it goes nowhere. This example, however, has legs. There is video evidence and there is a prodedural violation. The lawyers are lining up.Criminal court first, then civil court.
Regardless of what the DA does the family's lawyer will bring suit in civil court. If the DA initially fails to prosecute, the outcome of the trial could produce evidence that would force the DA to prefer criminal charges. But I expect a generous settlement will be awarded in this example and no pressure will be brought to bear on the DA.
Time will tell.
Yeah...but the civil trial cannot move forward until the criminal trial is complete. Just semantics...we pretty much agree that this family will never worry about money again.