Crim law folks, please weigh in

superrific said:
Why doesn't the state now have enough evidence to indict and convict the ICE shooter? What could the FBI be hiding that the state needs. There are tons of eyewitnesses. There's video. The shooter himself released his own video, which can be easily authenticated and admitted.

Why are they saying that they can't indict? I'm just not sure what's missing. That said, I've prosecuted zero cases and defended zero cases so I don't know the guts of a prosecution, but it still seems cut and dried here.
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My educated guess is the state wants to get as much evidence as possible before proceeding. In addition, there is the removal and immunity issues that will be decided in a federal court. So if the DA or AG filed charges, the agent would immediately remove and assert immunity. Then any ruling adverse to him would be appealed to the Supreme Court.

Given the current climate, the state likely wants to take its time.
 
Calheel said:
My educated guess is the state wants to get as much evidence as possible before proceeding. In addition, there is the removal and immunity issues that will be decided in a federal court. So if the DA or AG filed charges, the agent would immediately remove and assert immunity. Then any ruling adverse to him would be appealed to the Supreme Court.

Given the current climate, the state likely wants to take its time.
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I have no problem waiting. It doesn't need to happen right away. But Walz said something like he thinks it will be very difficult to get justice here, and that's what I'm wondering.

It seems as though you think they could proceed with what they have, which is all I was asking. Not whether they should proceed just yet. I trust that the MN AG and local prosecutors have much better insight than I would ever have.
 
A full year serving on a grand jury and we failed to indict one person and that was more of a case of jury nullification. They brought it to us twice.
 
Apart from any criminal investigation or charges or arrests… what about civil charges? Can her family sue Ross for wrongful death or some such?
I know squat about how the law works in all of this either, but I have heard of civil cases being brought up once the criminal cases have run their course.
Can’t he be found liable just like OJ was?
 
CFordUNC said:
The thing I can't get over is how they leaked cellphone footage that would have probably taken literal years to obtain through discovery or FOIA.
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Well, they would have been able to subpoena his phone, but yes it's mind boggling that they made this public. That's why I thought it was a fake. Dude should have deleted everything on his phone and then immediately trashed it. Throw it in a fucking river.

It was all because the woman called him big boy. That appears to be what set him off. I guess Vance and company are banking on dudes not liking mouthy women? Thing is, I know a lot of sexist assholes, but I doubt any of them are OK with shooting women in the face.
 
Rock said:
I am a film major but my guess is that they can’t indict and convict the ICE shooter because between them and doing that is the President of the United States and the full weight of the federal government.
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State laws are distinct from federal
 
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