好消息,剛才看到有人已經舉例紐約警察2004年跟梁警官最相似的意外走火打死人案,警察被大陪審團免於起訴。那個白人警察在政府房的房頂上巡邏,跟梁警官一樣拿著槍,手指放在扳機上,當他正打開通往樓井的門時,一個人突然推門而入,他嚇一跳而走火打死此人。大陪審團認為這是一個意外而免於起訴。
梁警官的槍擊更意外,是從牆上彈射過去打死格里的。兩個案子比較可見,梁警官完全是被當了黑白衝突的替罪羊,因為政治原因被起訴的。如果那個警察都無罪,為什麼梁警官要有罪?這是最好的case law,梁警官可以據此辯護。
The shooting of Timothy Stansbury
occurred in New York City on January 24, 2004.
Stansbury was an unarmed 19-year-old New
York City man who was shot and killed by New York Police Department Officer
Richard S. Neri Jr. on January 24, 2004. Officer Neri
and a partner were patrolling the rooftop of a housing
project in the Bedford-Stuyvesant neighborhood of Brooklyn at about 1 a.m. Officer
Neri, with his gun drawn, approached a rooftop door to check the stairway
inside. Neri testified to a Brooklyn grand
jury that he fired his standard Glock 19
pistol unintentionally when he was startled
as Stansbury pushed open the rooftop door. Stansbury, a resident of an
adjoining building, died from one shot in the chest. The grand jury found the
shooting to be accidental.[1]
On February 17, 2004 after nearly a month
of investigation, the grand jury declined to indict Officer Neri on charges of
criminally negligent homicide and manslaughter,
finding instead the shooting to be accidental.
Mayor Mike Bloomberg who like Kelly had not been overtly
supportive of Officer Neri said: Although the death of Timothy Stansbury was
a heartbreaking tragedy, a grand jury today decided that Officer Neri's actions
were not criminal. The Police Department will conduct a review of the case to
determine the appropriate course of action."[5]