Presumably because Officer Shelby would not have been found to have premeditated the killing or committed it with "malice aforethought", which are conditionals for 1st & 2nd Degree Homicide. In this instance it appears "1st Degree" Manslaughter would be the same as "Voluntary" Manslaughter, which would fall just below the first two degrees.
I'll be satisfied when she is sentenced. If and when that actually happens. And my guess is she was not charged with murder because the prosecutor would not be able to prove it.
Tulsa! She might be charged, but they won't be able to get a jury to convict her. If they couldn't get a conviction for that child shot dead in the playground, they're not getting one for any non-minority cop. The only conviction so far was that Asian cop, right?
In Oklahoma a 1st degree Manslaughter conviction carries up to Life in Prison. The only real difference (compared to a murder charge) is the prosecutor doesn't have to prove Intent. It's much more likely they can get a conviction for Manslaughter (although still unlikely).
so this shooting follows a very common pattern - a person refuses to comply with police and police are worried the person has a weapon. Some effort at non-lethal physical control is applied with apparent success but in the aftermath a cop not able to handle the adrenaline pulls their trigger. The cop claims that the person shot was still moving in a way that suggested going for a weapon, and the police department and union defend that officer with vigor.
Oh wait, except that last part didn't happen - this department immediately threw this officer under the bus. Hmmmmm, I wonder what's different, has the attitude of police departments changed overnight? Or maaaybe it's something about this officer .. cough, cough, vagina, cough ...
The odds of her being convicted are pretty much nil. Police have the right to execute anyone with just saying that they "feared" for their life. Doesn't mean it has to make sense.
Also, why are we giving people like her badges? Aren't there much more qualified candidates, such as Ansel Herz, signing up to be cops?
Guess we will never know his side.
RIP
Presumably because Officer Shelby would not have been found to have premeditated the killing or committed it with "malice aforethought", which are conditionals for 1st & 2nd Degree Homicide. In this instance it appears "1st Degree" Manslaughter would be the same as "Voluntary" Manslaughter, which would fall just below the first two degrees.
http://img.poptower.com/pic-41506/police…
If they try to charge her with 1st or 2nd degree homicide, they'll have a hell of a lot harder time convicting her.
In Oklahoma a 1st degree Manslaughter conviction carries up to Life in Prison. The only real difference (compared to a murder charge) is the prosecutor doesn't have to prove Intent. It's much more likely they can get a conviction for Manslaughter (although still unlikely).
Oh wait, except that last part didn't happen - this department immediately threw this officer under the bus. Hmmmmm, I wonder what's different, has the attitude of police departments changed overnight? Or maaaybe it's something about this officer .. cough, cough, vagina, cough ...