Prosecutor, Briana Taylor, Endangerment discussed on Lance McAlister
This is what we want to do, and this is what okay, so we did it, and the jury said it didn't rise that level and that's kind of what we're facing here. Mike Ln this case with Briana Taylor, and so on that what are the charges on the tables? I understand there's there's three levels of charges here through three possibilities. For what these officers going to charge. Well, there's there's murder Street murder, but you know, they would have to prove that there was an intent to kill. And I don't know how you proved that when it's no not warrant situation, and they bust in I think what's more likely, if in fact, and I think it's still a big question, if, in fact there any homicide charges pressed, I think it would probably be manslaughter. In the second degree, and it's one of those rare statutes that one sentence and here's what it says A person is guilty of manslaughter in the second degree. When he wanted only causes the death of another person. And that's 5 to 10 years. It's a class. I think C felony under Kentucky law. I think if there's going to be a homicide charge, that's it. Probably Would be that and not necessarily for all three officers. I mean, from what I've read, Uh, Detective Brett Hankinson is his name. He supposedly fired 10 shots what some would refer to blindly rights fired 10 shots from behind a patio window or into us. Patty, a window or something. You know, but then you get into the point to slowly where it's not been reported yet. My guess is that the attorney general, Mr Cameron knows, but it's not been reported What rounds came from who that caused Briana Taylor's. That's so That complicates any of the police officers get indicted for homicide offense. I think it would probably be detective banks and based on what we know now I see what you're saying, because here's a guy the Texas outside he's fires 10 indiscriminate shots into the building. If any of those round struck around a tailor, then you're looking at want endangerment, Manslaughter. That's 5 to 10 years in and in the honest, I think it's an honest question. What could the intent possibly be? Ifyou're that officer firing a bunch of rounds in apartment. One of those people, but not having a clear line of sight is to where they are. Well, that's right, And that's why I think the manslaughter in the second degree would be appropriate. If the prosecutor decides to go that way. You just mentioned wanton endangerment. In the first degree. It's a law that day. It's a felony that they have in Kentucky that we don't have anything similar to that in Ohio. And it's really pretty simple again. It's just one sentence that says Ah, person is guilty of wanton endangerment in the first degree, when under circumstances manifesting extreme indifference to the value of human life. The wantonly engages in conduct, which creates a substantial danger of death or serious physical injury to another person. That's a class D felony 1 to 5 years now. In theory of all three of those officers could be charged with that are indicted for that, with perhaps a chance of convictions. You may see that now, whether that's not dissatisfied, But you mentioned those who think they don't know what the situation is here. What could happen? I don't know, But that's not the prosecutor's job really isn't in its top. I mean, it was tough for me in the Timothy Thomas situation back and not 2001. It was tough for Joe in the The situation that that he had. Yeah, attention and But you gotta just you gotta just blank all of that out of your mind and do What's right and what's legally appropriate. So I don't know. We'll have to see what's your gut say on this one. What do you think the grand jury could be Anything right? It could. My guess is, if anything, it's probably going to be the wanton endangerment. And if the prosecutor Mr Cameron, the attorney general, besides that homicide charge is appropriate and I think it's going to be the manslaughter in the second degree. Against detective again against the one officer out of the six who was in the hallway, firing indiscriminately 10 shots, but if none of those rounds Struck Briana Taylor and none of them the fatal rounds. Then what? Well, I think that kind of takes it out of the room then of a homicide effect. I'll tell you what if that happens, and I'm not Effective. Hankinson defense lawyer I'm all over that. You know, I believe it is closing argument to a jury. The ballistics you've shown that my client did not fire around into Miss Taylor that caused her death. How can he be guilty of any type of Homicide events. It's It's a really tough one for Mr Cameron in this case is gonna be interesting to see Mike Allen, former Hamlin County prosecutor course a weekend host here on 700 WLW in talking about A grand jury in Louisville. We're expecting a decision and I heard maybe today, but it could be any time this week. Certainly this week, I would think it's going to come down and Louisville is bracing because the entire cities on lock down right now, literally a state of emergency, and it's Ah, It's terrific. Because you know, you wonder what is going to spark civil unrest there again. We went through that horrible episode down there and What is it that the community? Why, if it's anything less and murder one, which doesn't seem a possibility, Mike, I wonder what happens? Well, I don't know. I mean, they're obviously getting ready for it. And I do know that that In a situation like this prosecutor's when, when a announcement is his imminent, they will communicate with law enforcement. Not not so much on what there. But the charge was or what? The indictment Wass, but it's pretty much along the lines of a God. You know, we're gonna announce this tomorrow. The next day, you better get ready, but you know, and that's what this looks like. Right now is what you're saying. I'm sorry, and that's what this looks like. In Louisville right now, With all vacation cancelled, and the National Guard is standing by and all that stuff it looks like we're expected Announcement the next 48 hours. Absolutely and could come as early as today and they're getting ready for but this whole phenomena and it's kind of a recent phenomena of If a prosecutor indict on something that AH group of people doesn't like then to take to the streets and civil disobedience and perhaps other things. That's not right. I mean, that's not the way our system is supposed to work. We've got the rule of law here where we used to in this country, But you know it is what it is. And you gotta be ready for it. But This one, probably within the last 20 years slowly and looking at this. This is the top of a call that I've ever seen. This guy here has may, innit? Yeah, such an interesting case, too, because you know, it's a no knock warrant, which was granted Ah court Now I think what's going to swing this and you know we could talk about this for hours. Mike is I hate to cut you off. I apologize, but Is the fact that according to what they had 12 neighbors around and and no one, except one guy heard them announce police and he said he was very specific and said I only heard them say police once and it might have been after they kicked the door in and so in the grand jury gets to hear witnesses they can call witnesses. They can call all 12. All 12 neighbors saying, Hey, we didn't hear anything until all hell broke loose. No announcement. No, not everyone's all quiet. It's a no, not great, but I thought under the order, it said, Hey, you still got to knock and announce if that's the case, and what happens if I did see and reading about this that that prosecutor Tom Wine who I talked about who recused himself He was quoted as saying. I think early on in this thing that he believed the cops announce themselves three times, so it's a factual issue. But it's not determinative. You know what? That what they should be charged with? I mean, if you think about it a year that defense attorney you look at it. From this perspective, the cops were shot at. I mean, Kenneth Walker, who was Brianna's Boyfriend did fire at the police officers. They were shot at. They fired back, and plus, they had, presumably or they were acting under the assumption that they had a valid warrant, right? So I mean, Rome. There's there's a defence right there. So no matter what these guys were indicted for, if anything, and I think they probably will be for something, it's gonna be a top one prove beyond a reasonable doubt in court. It's so difficult because you know, here's the boyfriend, Briana Taylor. In thinking that Wow, this is my ex is a drug dealer kicking my door in trying to get it Mayer, me or whatever..