Law Forum : No prison time for ex-NYPD Officer Peter Liang in fatal shooting of Akai Gurley

Discussion in 'Law Forum - Prisons - Gun Ownership' started by UBNaturally, Apr 22, 2016.

  1. UBNaturally

    UBNaturally Well-Known Member MEMBER

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    No prison time for ex-NYPD Officer Peter Liang in fatal shooting of Akai Gurley
    April 19, 2016

    [​IMG]

    Former New York Police Officer Peter Liang will not serve time behind bars for killing an innocent, unarmed black man in 2014 in a case that drew passionate allegations of racial injustice from both African American and Asian American protesters.

    A Brooklyn judge on Tuesday ordered Liang to serve five years’ probation and complete 800 hours of community service, saying the Chinese American rookie cop never intended to shoot, let alone kill, Akai Gurley while patrolling a dark stairwell in a Brooklyn housing project with his gun drawn.

    Liang was convicted in February of manslaughter and official misconduct for firing a shot that ricocheted off a wall and struck Gurley, standing a floor below, in the heart.

    Liang faced up to 15 years in prison, but a Brooklyn prosecutor requested that the former officer receive no prison time, and on Tuesday, Judge Danny Chun called the shooting an accident.

    [​IMG]

    Full article
    http://www.latimes.com/nation/la-na-liang-sentencing-20160419-story.html



    If anything, this is "Involuntary Manslaughter"

    Involuntary manslaughter

    Involuntary manslaughter is the unlawful killing of a human being without malice aforethought, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability.


    I'm sure many remember Plaxico Burress shooting himself and going to jail right?

    Burress Will Receive 2-Year Prison Sentence
    August 20, 2009

    Plaxico Burress, the former Giants wide receiver who accidentally shot himself in the leg with an illegal gun last November, will be sentenced to two years in prison after pleading guilty Thursday to a weapons charge.

    ...

    Before the case was presented to a grand jury, Mr. Brafman said, he tried for months to negotiate with the district attorney’s office for leniency, but prosecutors never offered less than two years in prison.

    Full article
    http://www.nytimes.com/2009/08/21/nyregion/21burress.html


    How does someone go to jail for having a gun, and then shooting themselves, but another not get jail time for shooting and killing another person, "accidentally"?

    Of course the idea of "legal and illegal" guns is part of this, but Plaxico only committed a crime against himself, whereas this Liang person was playing billiards with bullets which accounts to negligent homicide or involuntary manslaughter, and gets a ticket (probation)?

    Involuntary Manslaughter Penalties and Sentencing

    Causing another person's death through reckless behavior, or in the commission of another crime but without intent to kill, carries a lighter sentence than most other forms of homicide. Sentencing guidelines for involuntary manslaughter differ quite a bit among the various state judicial systems, however. Involuntary manslaughter at both the federal and state level is treated as a felony and usually carries a jail or prison sentence of at least 12 months, plus fines and probation.

    The base sentence for involuntary manslaughter under federal sentencing guidelines is a 10 to 16 month prison sentence, which increases if it was committed through an act of reckless conduct

    http://criminal.findlaw.com/criminal-charges/involuntary-manslaughter-penalties-and-sentencing.html

    Let's see what the indictments were...
    upload_2016-4-22_11-46-7.png
    http://www.nytimes.com/interactive/2015/02/11/nyregion/indictment-akai-gurley-death.html

    Nothing about involuntary manslaughter, so what is this "second degree manslaughter"?
    FOUND NOTHING ON SECOND DEGREE MANSLAUGHTER!

    http://legal-dictionary.thefreedictionary.com/manslaughter
    Did they replace the term murder with manslaughter here in an attempt to exclude the involuntary manslaughter felony?

    Who prosecuted this anyway?


    Other sources and related links:
    http://newyork.cbslocal.com/2015/02...shooting-of-akai-gurley-family-attorney-says/
    http://www.nydailynews.com/new-york/rookie-new-blue-line-defense-murder-case-article-1.2439937
    http://caaav.org/caaav-statement-to...er-of-akai-gurley-by-nypd-officer-peter-liang
     
  2. Jeneva Hinely

    Jeneva Hinely Member MEMBER

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    It shows that they don't think that the black people are the humen because they don't feel like them.
     
  3. chuck

    chuck Well-Known Member MEMBER

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    Your right to air opinions about bad court decisions...

    My right to ask you to not prejudge all asians our peoples enemies!

    And I also ask them to not prejudge us!!

    fyi
     
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