Andrew Branca - A legal, factual, and unemotional view of the Tyre Nichols Incident

[crc4]

22 minutes ago, Chucktshoes said:

Separate trials and change of venue was built into my statement. Doesn’t change the fact that the jury will see that video. 

I want them to see the videos. All of them from start to finish. I merely want a legal proceeding to judge the evidence.

[OldIronFan]

46 minutes ago, Erik88 said:

What about the guy doing Mike Tyson punches to his face while his cop buddies hold him up? Seems just as bad as the kick to the head. 

Technically not Lethal Force believe it or not, at least not by letter of law. Disorienting blows to the head used to be an accepted technique from what I gather. It is apparently not taught or not recommended in modern use of force training as it is not one of the the more effective methods and comes with some level of risk but it is not specifically restricted. Current LEOs please correct me if my understanding is not accurate. 

[pop pop]

Punch to the face is not considered life threatening. A club, pipe, etc. to the head is life-threatening. The Police have a wide latitude in what they can do to subdue a resisting arrest person, or fleeing felon "Possibly" in this case. Got to find out why they stopped him guys. They said reckless driving which can rise to a felony in TN. 

No one will not be able to find out much about this incident until all the evidence is in including autopsies and all evidence. Bracca is right, most people are looking at this emotionally and emotion will play "NO" part in applying the laws or facts of this case inside the future court room.

I am in agreement with some here that a "few" police officers will be found on the wrong side of this incident, but not as many as some seem to think. Certainty not as many as have been let go, fired, or laid off, whatever that means in this situation. I have only seen 1 so far and that is the head kicker. A blow like that can cause a brain bleed and even death at a later date. 

Clearly this guy was resisting arrest, and they were in a fight to cuff his arms behind his back. A lot of what is being discussed, in the media, is purely untrue.

I heard 40 hits to his face, he was beat after cuffing, simply not true. Guys, let the facts come out. I even go as far as to say some of us will never learn all the true facts of this situation. I am wondering if some even care about the true facts.

In TN , they may be convicted, but most will be overturned on appeal if that happens, and most of these officers will get their jobs back with back pay if they want them.  IMO. Emotions are through the roof! 

I know my opinion is very unpopular right now, so burn my britches guys! Won't change the law one title or dot. Thank God we are still a free nation of laws. 

Edited to add; This all depends on, IF THIS WAS A LEGAL STOP. 

Edited February 1, 2023 by pop pop
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[Capbyrd]

3 minutes ago, pop pop said:

1.  Got to find out why they stopped him guys. They said reckless driving which can rise to a felony in TN. 

2.  No one will not be able to find out much about this incident until all the evidence is in including autopsies and all evidence. Branca is right, most people are looking at this emotionally and emotion will play "NO" part in applying the laws or facts of this case inside the in the future court room.

3.  Certainty not as many as have been let go, fired, or laid off, whatever that means in this situation. I have only seen 1 so far and that is the head kicker.

4.  Clearly this guy was resisting arrest, and they were in a fight to cuff his arms behind his back.

5.  most of these officers will get their jobs back with back pay if they want them. 

 

1.  Absolutely.  it's going to be important to see if the videos from the dashcams and street cams in the area corroborate the officer's story.  Part of the story doesn't make sense.  The officer accuses Tyre, in both the video and the leaked report, of driving down the wrong side of the road and attempting to run into squad cars.  Yet, he gets just a block down the street and stops at a red light with his blinker on and no oncoming traffic (from the dash cam in video 1)?   Why would someone do that?  It doesn't add up.  And I've really not heard anyone discuss that.  None of the MPD higher ups have acknowledged any evidence of Tyre driving recklessly.  If it exists, I'm sure we will see it in court.  

 

2.  A lot of Branca's argument is predicated on not having autopsy results.  He takes the officers word that Tyre is "on something" and accepts it as fact until proven otherwise.  Like I said in point one, there is still a lot of questions that need answered and we are likely going to have to wait for the legal teams to present those answers in court. 

 

3.  I think Branca missed the other two that were complicit in the one officer's actions.  They held Tyre for the other officer.  That makes them co-conspirators or whatever terms the court will use.  The charges may be less for them but they aren't innocent. 

 

4.  This statement only matters if the arrest is found to be justified.  Which goes back to statement one. 

 

5.  This assumes that they did not violate MPD policy.  I don't know MPD policy well enough to make such a bold statement.  

 

 

[Chucktshoes]

1 hour ago, pop pop said:

They said reckless driving which can rise to a felony in TN. 

 

Class B misdemeanor. 
 

https://law.justia.com/codes/tennessee/2010/title-55/chapter-10/part-2/55-10-205/