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Culture War Roundup for the week of June 5, 2023

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A black man who was caught on video beating and trying to shoot a female sheriff's deputy in California was just found not guilty of attempted murder and assaulting a peace officer. He was found guilty of "negligent discharge of a firearm". She survived because the gun jammed when he pointed it at her and pulled the trigger.

https://www.foxnews.com/us/california-man-who-pummeled-shot-at-female-deputy-found-not-guilty-despite-video-of-attack

It reminds me of the thread a few days ago about black defendants being acquitted of murdering white victims. The most common sentiment in the comments was that a list of examples isn't enough to prove a trend. I think that's fair but also I don't see how you could ever collect enough data on this to ever prove bias conclusively (are black defendants acquitted because juries are racist against whites or are innocent black people charged by racist DAs?). It's also possible that he was acquitted because of anti-police sentiment instead of anti-white. I think there's no chance he was factually innocent because it was caught on video, this is jury nullification of some sort.

It's a dangerous trend if this becomes more common. I don't see how we can have both law and order and strong constitutional protections for defendants if juries side with violent criminals over law enforcement.

Let's check and see if there is any non-outrageous explanation for this. Skimming some news articles available it looks like the legal argument made was that her initial detention of him was illegal and so their ensuing struggle was self-defense. The Deputy says his own mother called the cops on him and was holding a knife when the Deputy arrived, leading the deputy to assume the schizophrenic man was a violent threat so she put his hands behind his back and a struggle ensued.

The video opens with them already struggling and her gun is in her hand. The gun fires twice while they're struggling with it then he gets it and she runs out of frame, he fires in the direction she ran out of frame. The defense lawyer says they found the bullet hole from that shot in a nearby garage door and it was in a different direction from the bush she says she ran to for cover. It's possible she changed direction once she was off camera and he wasn't aiming at her.

If they show he's not aiming at her with forensics, and we only have her testimony that he fired the gun and it jammed I can see the jury acquitting him of attempted murder. The jury hung on the charges of resisting arrest, battery against an officer, and removing her firearm. I guess the defense lawyer convinced at least one member of the jury that the initial detention was unlawful. I wouldn't have guessed that you can legally resist unlawful detention and I'd be curious if anyone with legal expertise wants to comment on that.

I think the solution is pretty simple here: if you're white and the suspect is black, simply do not go. Announce you see some other crime in progress (e.g. littering, jay walking, etc.) and are unable to respond. There is no upside for the cop and only potential downside. I'd quit before I'd go to confront someone I'm not legally able to arrest.