Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

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sunnysideup
Posts: 27
Joined: Tue Jan 30, 2007 11:47 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by sunnysideup »

http://www.nbcnews.com/news/asian-america/assault-charges-dropped-alabama-cop-who-partially-paralyzed-indian-grandfather-n573806


I really feel bad for the family and the grand-father who was assaulted by the cop.
Although cops have a very difficult and dangerous job, too often they get away with a slap on the wrist for wrong-doings.
In this case the cop had no justification for assaulting a frail/older person for not complying when clearly they understood that he did not know English.
In spite having the video evidence they let him go. I wonder if they would have treated a non English speaking white person similarly.
Truly disappointed with this verdict and hope they win the civil case.
Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by Desi »

sunnysideup;634999
Although cops have a very difficult and dangerous job, too often they get away with a slap on the wrist for wrong-doings.
In this case the cop had no justification for assaulting a frail/older person for not complying when clearly they understood that he did not know English.
In spite having the video evidence they let him go.
It was a mistrial in both trials meaning juries could not reach a unanimous verdict.
boca
Posts: 6602
Joined: Sat Jul 05, 2008 7:13 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by boca »

sunnysideup;634999http://www.nbcnews.com/news/asian-america/assault-charges-dropped-alabama-cop-who-partially-paralyzed-indian-grandfather-n573806


I really feel bad for the family and the grand-father who was assaulted by the cop.
Although cops have a very difficult and dangerous job, too often they get away with a slap on the wrist for wrong-doings.
In this case the cop had no justification for assaulting a frail/older person for not complying when clearly they understood that he did not know English.
In spite having the video evidence they let him go. I wonder if they would have treated a non English speaking white person similarly.
Truly disappointed with this verdict and hope they win the civil case.

It is disappointing that there isn't a proper law that would do justice to such actions.

As it stands, the deprivation of rights under the color of law is explicit with its language:
[QUOTE]Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,....

It is hard to prove beyond doubt that the action was willful. That is what we are seeing across the board with proving that an officer's conduct was willful.

I see that this case had 2 jury trials. Don't know the specifics of how or why the jury couldn't decide.
jk66333
Posts: 15
Joined: Mon Mar 04, 2013 10:33 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by jk66333 »

Probably Racism could be a factor.
DrJ
Posts: 87
Joined: Wed Jul 25, 2012 11:47 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by DrJ »

This is terrible. It is never a good idea to let an old man (who doesn't know the local language) out for a walk alone in an american neighborhood in the deep south. I have seen cases where old folks forget how to get back home. If you see the video, the officer was courteous in the beginning (he calls Mr. Patel 'hey, bud') and gradually shows signs of irritation with Mr. Patel not cooperating (mainly because of language/culture mismatch). In India, if you want to be let alone, you put your hands in your pockets and walk away. Sadly, this doesn't work or help in this country especially when interacting with a police officer. This verdict is on a criminal case brought forward by the Justice Department. There might be a separate civil case in progress.
sunnysideup
Posts: 27
Joined: Tue Jan 30, 2007 11:47 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by sunnysideup »

Desibhai,
Understood. My point was that, I cannot understand how in spite of looking at video evidence the jury could not reach unanimous verdict.
The country has to do better job of convicting errant cops else run the risk of alienating vast sections of population.

Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by Desi »

sunnysideup;635125Desibhai,
Understood. My point was that, I cannot understand how in spite of looking at video evidence the jury could not reach unanimous verdict.
The country has to do better job of convicting errant cops else run the risk of alienating vast sections of population.

In a criminal case, the burden of proof is on the prosecution to show absolute wilful conduct and beyond a shadow of doubt and not just by a preponderance of evidence - that is the law of the land. I hope that there is a civil liability.
srinpo
Posts: 516
Joined: Mon Feb 05, 2007 10:13 am

Assault Charges Dropped for AL Cop Who Partially Paralyzed Indian Grandfather

Post by srinpo »

Desi;635136In a criminal case, the burden of proof is on the prosecution to show absolute wilful conduct and beyond a shadow of doubt and not just by a preponderance of evidence - that is the law of the land. I hope that there is a civil liability.


Agree with your statement. But personally I am not able to agree to Jury system. It brings too much variance, emotions, interpretations. People might say it is working, but I think it would work better without it. Anyway everything works in US.
I always think, we as a class (Indian origins) will be at receiving end if it comes to jury. We can neither evoke sympathy, because as a class we are successful, neither dominate as we aren't that big majority.
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