Recent comments in /f/pittsburgh

extrahandgrenades t1_jd0krvg wrote

It doesn’t meet the criteria for any of those subsections.

(c)(1)(i) Police presence alone does not warrant “serious provocation by the victim killed.” Officers were there for a legitimate reason - a named complainant called 911 concerning the safety of one or more people. The Allegheny County District Attorney reported, “neither Sluganski nor Thomas had drawn their weapons when they approached Morris on Monday.” This is not serious provocation.

(c)(1)(ii) He did not negligently kill Sean Sluganski in the course of defending himself from serious provocation by another person.

(c)(2) His actions are not justified under any of the Chapter 5 sections pertaining to self-defense.

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extrahandgrenades t1_jd0h4qw wrote

There’s really no reason to carry on discussing whether it was premeditated or not since it isn’t a legal requisite for Johnathan Morris’ first degree murder charge. It’s a moot point.

He can use his PTSD as a legal defense, but in order to use PTSD as an affirmative insanity defense he has to prove that he was unable to appreciate the nature and quality or wrongfulness of what he was doing.

He knew that pointing a gun at police officers and racking the slide was threatening, because he knew what the gun was capable of. That means he knew what firing it would do, so mens rea exists.

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the_real_xuth t1_jd0gj5i wrote

The fact that the DA sees the police as more important than those people who are not police is really fucked up, regardless of any other biases and prejudices they might have. And this disgusting relationship causes issues in lots of manners. This includes:

  • It means that an action against a police officer (including many things that are not criminal) is treated much more harshly, often in a retaliatory manner rather than merely upholding justice and maintaining the peace while crimes against others are often ignored. And it's not uncommon for someone to have great injustices done to them because too many police officers take a person asserting their basic rights as a personal affront.
  • when police commit crimes their actions are routinely ignored or just given extremely gentle treatment.
  • The DA and police often see each other as partners in attempting to get convictions for the DA rather than the true job of the investigatory role of police which is to investigate potential crimes in an unbiased manner. And while it is a criminal action for a DA to withhold exculpatory evidence, this "partnership" routinely sees police turning a blind eye towards evidence in favor of the accused and so the DA never has it in their possession to withhold.
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Healthy_Artichoke_97 t1_jd0fwoo wrote

We will kill a veteran with mental health problems but give a cop a raise and paid time off when they wrongly kill us. This country is amazing definitely (not) proud to be an American for sure. Can’t kneel for a flag in protest of this shit but we can sentence them to death for denying them help and treatment and sending them off to fight in senseless wars that started all of this

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AntiStatistYouth t1_jd0dwgl wrote

The appropriate charge is not "First Degree Murder of a Law enforcement Officer": § 2507. Criminal homicide of law enforcement officer. (a) Murder of a law enforcement officer of the first degree.-

but is actually c) Manslaughter of a law enforcement officer in the first degree.-

>(c) Manslaughter of a law enforcement officer in the first degree.--A person commits a felony in the first degree who does any of the following:
>
>(1) Without lawful justification kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing:
>
>(i) the person is acting under a sudden and intense passion resulting from serious provocation by the victim killed; or
>
>(ii) the person is acting under a sudden and intense passion resulting from serious provocation by another individual whom the actor endeavors to kill, but the person negligently or accidentally causes the death of the victim.
>
>(2) Intentionally or knowingly kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing the person believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 (relating to general principles of justification), but his belief is unreasonable.

Specifically, because of subsection (2). The man's mental state is a factor in determining the appropriateness of the charge. If he were indeed having a mental health crisis and believed that the officer's were trying to kill him, manslaughter is actually the appropriate charge.

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