In the end, it doesn't matter what happened leading up to the knee in the neck, and even the knee in the neck itself may not be the ultimate issue.
But when a suspect is in custody, their walfare, and right to medical care, is 100% the responsibility of the arresting officer.
This has been upheld as an 8th amendment right over, and over, and over. The case law on this is OVERWHELMING.
So if the coroner says the man in custody died of an OD, a heart attack, a stroke, or something not caused by the knee, the cop is still fired and faces a massive civil lawsuit. The second he recognized the man in custody was out, he should have been calling for help, rolling the man over, checking vitals, starting CPR. That is 100% his responsibility to a man in custody. That is covered in the first week of POST training. "In custody 101". And, common sense. And, just being a decent fuggin' human being.
The cop never did. And it was OBVIOUS he knew the man had lost consciousness. His entire demeanor changed and he looked down multiple times and got a bit agitated.
If the coroner says the death was caused by the knee, the cop is guilty of murder.
The autopsy will tell the tale.
It will tell the tale of "fired, civil suites, and possibly manslaughter"..............
or,
"murder"
The cop is 100% fugged.
I remember one instructor telling our class, (paraphrased), "if a man dies while in your custody, you better look busy saving his life"
Last edited by duck911; 05/26/20.
The DIPCHIT ADD, after a morning of drinking:
You despair, repeatedly, constantly! daily basis? A despair ninny. Sack up, despire ninny.
