A fellow police officer tells you that the man you have in custody (handcuffed) that is unconscious after 6 minutes of your knee on his neck and him begging for his life is now not breathing and doesn’t have a pulse. You keep your knee on his neck for another 2:45 seconds.
Those facts show intent to kill, deliberation, and malice with an evil disposition. Yes, that is my understanding of it.
peace to you
But you left out “premeditation” for some reason. So apparently even your understanding is not sufficient for a 1st degree conviction.
My suspicion is that there could have been some premeditation. But I don’t have the evidence for it anymore than you do, as you shown.
It was foolish to charge 1st degree when the facts weren’t sufficient for it, because it will likely cause more riots later, when he’s acquitted. No charges should ever be derived from listening to a mob, peaceful or no. I remember that tactic in the third world country I lived in when young, and it wasn’t the right way to enforce the law equitably.
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