Current Events > Should this man be charged with murder?

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1NfamousACE_2
05/21/23 12:49:31 PM
#1:


https://www.news4jax.com/news/local/2023/05/20/man-charged-with-murder-in-connection-with-sjc-deputy-death/

ST. JOHNS COUNTY, Fla. The St. Johns County Sheriffs Office has arrested a man for murder after an altercation led to the death of Sergeant Michael Kunovich.
Vergilio Aguilar Mendez, 18, is charged with resisting with violence and felony murder. He is currently being held without bond.

Mendezs immigration status is also in question; SJSO is working with Homeland Security to verify his identity and immigration status.
According to SJSO, Sgt. Kunovich spotted Mendez sitting outside of a closed business on State Road 16 in St. Augustine around 9 p.m. Friday.
Sgt. Kunovich made contact with Mendez and tried to complete a pat down for weapons, but investigators say Mendez then pulled away from Sgt. Kunovich and attempted to run away.

Sgt. Michael Kunovich (WJXT)
Additional deputies arrived on the scene and Mendez continued to violently resist for more than six minutes. He also attempted to grab Sgt. Kunovichs taser while fighting on the ground.

Deputies were eventually able to handcuff Mendez and he ended up pulling out a pocketknife, which had to be forcefully removed by deputies.
Sgt. Kunovich collapsed moments after Mendez was disarmed and was transported to Flagler Hospital where he was pronounced deceased after a short time.
Officers gathered for a prayer and lined the street to pay their respects as the 25-year veteran of the department left the hospital.
This has been a difficult time for our agency with the loss of one of our own. I want to thank St. Johns Fire Rescue, Flagler Health+, and our agency personnel for their lifesaving efforts on Sergeant Kunovich. I ask that you please respect the family and members of the St. Johns County Sheriffs Office as we mourn the loss of Sergeant Kunovich, said Sheriff Robert Hardwick.

Other local law enforcement agencies have also sent their condolences.
Sheriff T.K Waters of the Jacksonville Sheriffs Office said, Its a very very sad day. He also offered all the resources JSO has available and whatever the SJSO may need to help support Sgt. Kunovich and his family.

A loss like that is unexpected. Its tragic and really brings it home quite a bit. Were here as brothers, whether it be brothers and sisters in blue, brothers and sisters in green, whether its troopers, were here for one another and were going to offer our support and make sure we prop them up and hold them up, said Sheriff Waters.
News4JAX also reached out to our Crime and Safety Analyst Lakesha Burton who talked about how important it is to get support from other law enforcement agencies during a tragedy such as this.
It is everything. Again, this police officer signed up to serve and protect, I think that is the common thread among all police officers, they have this calling to serve and protect, and you always go through your career not wanting to be that person who died in the line of duty. I think it speaks to how honorable this profession is. This sergeant is a hero, Burton said.

Burton also talked about what the next steps are for SJSO.
This will be handled like any other officer-involved death. It is very complex, very detail oriented, so what the investigators want to do is process the scene, collect as much evidence as possible and witnesses because what they want to do is put together this incident and see what actually happened so they can determine what the outcome is going to be as a relates to the individual, the suspect, that was engaged in this incident, Burton added.
Burton asks the community to be patient as the SJSO continues its investigation.
Every day that a police officer puts on that uniform and goes to work, they are at risk. But in this situation its very heartbreaking because this Sergeant has dedicated and risked his life for over 25 years, not even having an opportunity to retire. So its very heartbreaking and again we should be mourning the death of this hero and really putting things in perspective. You know how dangerous this job is and the dangers that law enforcement officers face every day.

Funeral arrangements are said to be announced soon.
The SJSO also placed two flower sprays in the shape of badges at the front entrance and lowered the American flag half-staff for the fallen officer.

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YourBestFrenemy
05/21/23 12:52:38 PM
#2:


If the officer stroked out or had a heart attack or something, that's clearly not murder. By any stretch.

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TaylorHeinicke
05/21/23 12:54:44 PM
#3:


I don't think so tbqh. Would be a bad precedent. If I am pulled over for a speeding ticket and the officer has a fluke heart attack, I can't be responsible for that.

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Doe
05/21/23 12:54:53 PM
#4:


That would be absurd overcharging and demonstrate the naked evil of our 'justice' system

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Axiom
05/21/23 12:57:18 PM
#5:


YourBestFrenemy posted...
If the officer stroked out or had a heart attack or something, that's clearly not murder.
Wait is this the implication here. Fuck that nonsense. Charging someone with murder because a cop keels over in your vicinity is bullshit
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ai123
05/21/23 12:58:21 PM
#6:


Don't see evidence of intent to kill.

Don't see evidence that he could have reasonably expected his actions to cause a death.

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divot1338
05/21/23 1:01:18 PM
#7:


Sounds like he wasnt physically fit enough to handle the requirements of his job, assuming it wasnt a completely random charge.

Cops overreaching as always.

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DarthAragorn
05/21/23 1:03:29 PM
#8:


Fuck no, but he probably will be.

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DuneMan
05/21/23 1:04:19 PM
#9:


So long as the man isn't stuck with a public defender any murder charges should fail.

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Nemu
05/21/23 1:06:53 PM
#10:


The guy was clearly a single altercation away from keeling over, so it'd be silly to say there's a causal link between the suspect being a shitheel and the cop dying.
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divot1338
05/21/23 1:06:54 PM
#11:


DuneMan posted...
So long as the man isn't stuck with a public defender any murder charges should fail.

(X) Doubt

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__aCEr__
05/21/23 1:14:03 PM
#12:


If six minutes of an elevated heart rate kills you then you were probably one morning jog away from dying anyway.

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CSCA33
05/21/23 1:16:19 PM
#13:


Im not seeing any information and how/why the officer died? The mention about a knife had me thinking maybe he was stabbed at first, but this sounds more like the sarge just keeled over and died after reading more. In which case, there should be no charges of any kind related to that and I hope a judge throws the case out before even going to trial.

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YourBestFrenemy
05/21/23 1:18:40 PM
#14:


Axiom posted...
Wait is this the implication here. Fuck that nonsense. Charging someone with murder because a cop keels over in your vicinity is bullshit
That's how I read it. They physically struggled, but there's nothing about the dude directly assaulting the cop, or using a weapon on him.
I would say let's wait until we have more details, but in this case, that just means give the cops more time to make shit up, and fabricate evidence. This guy is fucked.

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mercurydude
05/21/23 1:18:46 PM
#15:


No, because these kinds of struggles are a daily routine in that profession, so if it wouldn't have been this guy it might've been the person he arrested five minutes later. With that kind of health condition, it's just a matter of time, and it would be just as stupid to blame that person for the heart attack (or whatever this was.)

I ask that you please respect the family and members of the St. Johns County Sheriffs Office as we mourn the loss of Sergeant Kunovich,

The family deserves respect and privacy, the sheriff's office does not. Pinning unjustified murder charges on someone out of spite is typical crooked cop behavior.

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1NfamousACE_2
05/21/23 1:23:21 PM
#16:


CSCA33 posted...
Im not seeing any information and how/why the officer died? The mention about a knife had me thinking maybe he was stabbed at first, but this sounds more like the sarge just keeled over and died after reading more. In which case, there should be no charges of any kind related to that and I hope a judge throws the case out before even going to trial.

Im sure the autopsy is coming but hes been charged with murder already

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willythemailboy
05/21/23 1:26:54 PM
#17:


ai123 posted...
Don't see evidence of intent to kill.

Don't see evidence that he could have reasonably expected his actions to cause a death.
Neither of those are required to get a felony murder conviction. Those laws are written to be so absurdly broad that almost anything counts as murder. In theory even a death caused by a bystander's actions - say, a rubbernecking driver hitting a pedestrian while distracted by your felonious actions - could be counted as a fatality occurring as a result of your felony and get you life in prison.

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#18
Post #18 was unavailable or deleted.
legendary_zell
05/21/23 1:58:28 PM
#19:


This is exactly why felony murder is bs. It's almost calculated to law school style hypotheticals about absurd results. Except instead of recognizing that the results are absurd, reduce respect for the justice system, might actually increase danger since you might as well kill witnesses/people that'll get you charged with murder either way, and are fundamentally unjust, we actually convict these people as murderers.

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Tenlaar
05/21/23 2:03:03 PM
#20:


No, thats not right at all.
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thronedfire2
05/21/23 2:23:28 PM
#21:


Didnt know it was illegal to sit outside a closed business

Sounds like a cop saw a brown guy sitting by himself and tried to get lucky finding something

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Revelation34
05/22/23 10:36:09 AM
#22:


legendary_zell posted...
This is exactly why felony murder is bs. It's almost calculated to produce law school style hypotheticals about absurd results. Except instead of recognizing that the results are absurd, reduce respect for the justice system, might actually increase danger since you might as well kill witnesses/people that'll get you charged with murder either way, and are fundamentally unjust, we actually convict these people as murderers.


A good lawyer could probably get him off but it would be hard.

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1NfamousACE_2
05/22/23 7:49:02 PM
#23:


https://www.news4jax.com/news/local/2023/05/22/cause-of-st-johns-county-deputys-death-becomes-key-question-in-felony-murder-case/

an update on the case

The sheriffs office said Mendez violently resisted deputies, tried to grab the sergeants taser while fighting with him on the ground and armed himself with a pocketknife. Deputies said the struggle lasted more than six minutes.

After Mendez was handcuffed, Kunovich collapsed and died shortly after being taken to the hospital. Thats where the felony murder charge comes in.
During the commission of a felony if someone dies, the suspect can be charged with felony murder. The suspect, in this case, was committing a felony by resisting with violence and committing battery on a law enforcement officer, News4JAX Crime and Safety Analyst Lakesha Burton said.


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hitokoriX
05/22/23 8:15:05 PM
#24:


I don't trust a single thing cops say. Sounds like dude had a heart attack or stroke or something, not something the defendant should be held responsible for. In fact, the whole stop and frisk might even have been illegal.

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CSCA33
05/22/23 8:17:00 PM
#25:


Is there ever been a felony committed where no one anywhere ever died? This is BS

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Revelation34
05/23/23 6:09:34 AM
#26:


1NfamousACE_2 posted...
https://www.news4jax.com/news/local/2023/05/22/cause-of-st-johns-county-deputys-death-becomes-key-question-in-felony-murder-case/

an update on the case

The sheriffs office said Mendez violently resisted deputies, tried to grab the sergeants taser while fighting with him on the ground and armed himself with a pocketknife. Deputies said the struggle lasted more than six minutes.

After Mendez was handcuffed, Kunovich collapsed and died shortly after being taken to the hospital. Thats where the felony murder charge comes in.
During the commission of a felony if someone dies, the suspect can be charged with felony murder. The suspect, in this case, was committing a felony by resisting with violence and committing battery on a law enforcement officer, News4JAX Crime and Safety Analyst Lakesha Burton said.



By that description no battery occurred.

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itachi15243
05/23/23 6:24:15 AM
#27:


1NfamousACE_2 posted...
https://www.news4jax.com/news/local/2023/05/22/cause-of-st-johns-county-deputys-death-becomes-key-question-in-felony-murder-case/

an update on the case

The sheriffs office said Mendez violently resisted deputies, tried to grab the sergeants taser while fighting with him on the ground and armed himself with a pocketknife. Deputies said the struggle lasted more than six minutes.

After Mendez was handcuffed, Kunovich collapsed and died shortly after being taken to the hospital. Thats where the felony murder charge comes in.
During the commission of a felony if someone dies, the suspect can be charged with felony murder. The suspect, in this case, was committing a felony by resisting with violence and committing battery on a law enforcement officer, News4JAX Crime and Safety Analyst Lakesha Burton said.

I understand that there's a felony murder rule (which is kinda bs by itself) but by no means is this justified. The cops was not fit for duty and this shouldn't even be considered unless they can definitively prove that the officer only died because of him.

It sounds like instead they're trying to make this into a felony and use that to apply the felony murder rule. Then, use that to blame his death on this person, which is just a gross injustice.

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Tenlaar
05/23/23 6:28:50 AM
#28:


Felony murder should still have to involve a death because of the actions of the perpetrator. Trying to blame a death due to heart problems or whatever on somebody just to up their charges is some depraved shit.
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ZaruenKosai
05/23/23 7:20:30 AM
#30:


First charge every cop for all the murders they havent beeen charged with..
than we can talk about how this IS NOT MURDER and isnt the same thing as racist pigs
Looks like Karma caught up with this corrupt law breaker.

Hey where is the user that thinks talking about dead people is mocking them? RAIDER? MANSNIFFER?!

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CSCA33
05/24/23 1:18:01 PM
#31:


Yeah, this is a gross misapplication of the law.

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DipDipDiver
05/24/23 1:28:39 PM
#32:


This isn't even homicide much less murder. They're trying to ruin an 18-year-old man's life just because their guy's health failed
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ironman2009
05/24/23 1:33:28 PM
#33:


Not murder

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voldothegr8
05/24/23 1:35:24 PM
#34:


As the law sits, yes. But that law is fucked up.

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Dancedreamer
05/24/23 1:41:20 PM
#35:


Signed up to serve and protect*

*Unless it's in a school shooting, in which case they will cowardly wait out as they expect school teachers to save lives.

"This man was a hero."

For... questioning a guy sitting outside a closed business? Did the definition of hero get changed recently? Seems like a pretty low standard.


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bknight
05/24/23 1:41:28 PM
#36:


It's Florida, the guy is going to jail for murder.
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texanfan27
05/24/23 1:42:12 PM
#37:


Its not murder, but the suspect did try to grab a taser and did pull a pocketknife, so you could claim assault. But he has no liability to the death if it was natural causes (heart attack, stroke, aneurysm are likely culprits here.

Why were they arresting the guy?

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1NfamousACE_2
05/24/23 3:11:12 PM
#38:


texanfan27 posted...
Its not murder, but the suspect did try to grab a taser and did pull a pocketknife, so you could claim assault. But he has no liability to the death if it was natural causes (heart attack, stroke, aneurysm are likely culprits here.

Why were they arresting the guy?

It appears to be a stop and frisk situation that turned into this

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Revelation34
05/25/23 2:01:54 AM
#39:


texanfan27 posted...
Its not murder, but the suspect did try to grab a taser and did pull a pocketknife, so you could claim assault. But he has no liability to the death if it was natural causes (heart attack, stroke, aneurysm are likely culprits here.

Why were they arresting the guy?


You would only be able to claim assault on the taser part.

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jumi
05/25/23 2:38:55 AM
#40:


This is BS in multiple ways:

1. Felony murder is in itself BS.

2. Resisting arrest and loitering are not felonies.

3. Officer collapsed and died after the alleged felony had been resolved. Therefore it did not occur during or because of the alleged felony.

But it's fascist Florida so they'll probably throw the book at him. ACAB.

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1NfamousACE_2
05/25/23 7:16:27 AM
#41:


another update

tinyurl.com/2p8eb82y

St. Johns County Sheriff Rob Hardwick on Wednesday revealed new details surrounding the death of Sergeant Michael Kunovich.
Kunovich collapsed after a struggle with Vergilio Aguilar Mendez and later died.
Mendez has been charged with capital homicide and resisting arrest. Investigators said hes homeless and living in the country illegally.
Some of the new information that came out Wednesday explains why there was an interaction between Kunovich and Aguila Mendez.

At a news conference to discuss the recent rash of violence against law enforcement officers in Northeast Florida, Hardwick broke his silence about the death of Kunovich.

Sgt. Deputy Michael Kunovich was legally out with a person that was a permanently closed business in the area of [Highway] 16 and [Interstate] 95. He checked out with him to simply say Hey, why are you on this property trespassing? That was a simple thing, simple task. As the body camera footage will come out and show you, it was by the book, textbook, legal aspect doing his job to the best of his abilities and duties, Hardwick said.
According to this arrest report, Kunovich attempted to conduct a patdown of Mendez, 18.
And all the suspect had to do was comply. Instead, the suspect chose to try and remove a knife from the lefthand pocket of his pants. A struggle was on with Sgt. Michael Kunovich until the next deputy showed up 37 seconds later, Hardwick said.

According to the report, the struggle involved Mendez grabbing Kunovichs taser after it had been deployed against the suspect. But at some point, after Mendez was placed in handcuffs, Kunovich later collapsed and died, the sheriffs office said.
Sgt. Kunovich succumbed to some medical issues that were actually induced by the struggle with our subject, Hardwick said.
Following the new conference, Sheriff Hardwick said that Sgt. Kunovich and other deputies had been patrolling the area of Hwy 16 and I-95 where they encountered the suspect because the area needed more attention from law enforcement.

Prostitution, people committing other crimes coming off Interstate 95, illegal drug activity in the area, so its a high crime area where we have a lot of deputies responding to calls for service, he said.
Mendez remains in jail without bond.

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divot1338
05/25/23 9:07:03 AM
#42:


1NfamousACE_2 posted...
another update

tinyurl.com/2p8eb82y

St. Johns County Sheriff Rob Hardwick on Wednesday revealed new details surrounding the death of Sergeant Michael Kunovich.
Kunovich collapsed after a struggle with Vergilio Aguilar Mendez and later died.
Mendez has been charged with capital homicide and resisting arrest. Investigators said hes homeless and living in the country illegally.
Some of the new information that came out Wednesday explains why there was an interaction between Kunovich and Aguila Mendez.

At a news conference to discuss the recent rash of violence against law enforcement officers in Northeast Florida, Hardwick broke his silence about the death of Kunovich.

Sgt. Deputy Michael Kunovich was legally out with a person that was a permanently closed business in the area of [Highway] 16 and [Interstate] 95. He checked out with him to simply say Hey, why are you on this property trespassing? That was a simple thing, simple task. As the body camera footage will come out and show you, it was by the book, textbook, legal aspect doing his job to the best of his abilities and duties, Hardwick said.
According to this arrest report, Kunovich attempted to conduct a patdown of Mendez, 18.
And all the suspect had to do was comply. Instead, the suspect chose to try and remove a knife from the lefthand pocket of his pants. A struggle was on with Sgt. Michael Kunovich until the next deputy showed up 37 seconds later, Hardwick said.

According to the report, the struggle involved Mendez grabbing Kunovichs taser after it had been deployed against the suspect. But at some point, after Mendez was placed in handcuffs, Kunovich later collapsed and died, the sheriffs office said.
Sgt. Kunovich succumbed to some medical issues that were actually induced by the struggle with our subject, Hardwick said.
Following the new conference, Sheriff Hardwick said that Sgt. Kunovich and other deputies had been patrolling the area of Hwy 16 and I-95 where they encountered the suspect because the area needed more attention from law enforcement.

Prostitution, people committing other crimes coming off Interstate 95, illegal drug activity in the area, so its a high crime area where we have a lot of deputies responding to calls for service, he said.
Mendez remains in jail without bond.
Give zero credibility to any statement from a police union about what is seen in bodycam footage if they havent released it.

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Revelation34
05/25/23 11:57:57 PM
#43:


He was old. Didn't look as fat as we thought but he wasn't necessarily fit.

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StarSpangled
05/27/23 10:54:52 AM
#44:


1NfamousACE_2 posted...
Prostitution, people committing other crimes coming off Interstate 95, illegal drug activity in the area, so its a high crime area where we have a lot of deputies responding to calls for service, he said.
hmm, wonder what would happen if they were decriminalized...

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CSCA33
05/28/23 7:53:52 PM
#45:


StarSpangled posted...
hmm, wonder what would happen if they were decriminalized...
*poof*!

High crime wave SOLVED

cops outta the job

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DrizztLink
05/28/23 7:55:26 PM
#46:


Dancedreamer posted...
Signed up to serve and protect*
No they didn't.

In the 1981 case Warren v. District of Columbia, the D.C. Court of Appeals held that police have a general "public duty," but that "no specific legal duty exists" unless there is a special relationship between an officer and an individual, such as a person in custody.

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Kradek
05/28/23 7:57:07 PM
#47:


I'm not seeing anything mentioning any harm done to the Sgt.

If you're saying he should be charged for murder because him resisting arrest led to an over exertion of effort on the officer's part, which led to something like a stroke or heart attack, then that's really fucked up and you probably also justify cops shooting to kill people who are merely running away from them.

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Revelation34
05/29/23 11:35:04 AM
#48:


DrizztLink posted...

No they didn't.



Yep. https://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales

The Supreme Court has always been full of shitheads.

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Robot2600
05/29/23 11:55:42 AM
#49:


YourBestFrenemy posted...
If the officer stroked out or had a heart attack or something, that's clearly not murder. By any stretch.


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DiScOrDtHeLuNaTiC
05/29/23 11:59:47 AM
#50:


1NfamousACE_2 posted...
Every day that a police officer puts on that uniform and goes to work, they are at risk."

Motherfucker, everyone in the WORLD is at risk when they go to work. You could get in a car wreck or run over by an elephant or something. Cops and their 'we have the most dangerous job in the world' bullshit irritate the fuck out of me.

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YourBestFrenemy
05/29/23 12:00:21 PM
#51:


1NfamousACE_2 posted...
As the body camera footage will come out and show you, it was by the book, textbook, legal aspect doing his job to the best of his abilities and duties,

I'm going to need to see that footage, in an unaltered state.
Even then, it's still a fucking joke to charge this man with murder, (but it doesn't surprise me).

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You punched me in the boob! Prepare to die, obviously! - Roxy Richter
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