Tag Archives: homicide

Losing Our Rights In The Name Of Safety

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On Saturday, The Justice Department posted the following Press Release. This is in the budget the House passed:

Justice Department Launches the National Extreme Risk Protection Order Resource Center

The Justice Department launched the National Extreme Risk Protection Order (ERPO) Resource Center (the Center) which  will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others.

“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” said Attorney General Merrick B. Garland. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”

ERPO laws, which are modeled off domestic violence protection orders, create a civil process allowing law enforcement, family members (in most states), and medical professionals or other groups (in some states) to petition a court to temporarily prohibit someone at risk of harming themselves or others from purchasing and possessing firearms for the duration of the order.

In 2023, the Justice Department’s Office of Justice Programs (OJP) awarded $238 million to states, territories, and the District of Columbia under the Byrne State Crisis Intervention Program (SCIP), which was created by the Bipartisan Safer Communities Act and is designed to help jurisdictions implement crisis intervention strategies, including ERPO programs. In addition, OJP awarded $4 million to support training and technical assistance under Byrne SCIP, including $2 million that was awarded to the Johns Hopkins Center for Gun Violence Solutions to establish the ERPO Resource Center. In collaboration with OJP’s Bureau of Justice Assistance (BJA), the Center will support states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers in their efforts to implement ERPO programs to fit local needs, share resources and promising practices with the field, and help ensure that funding received through Byrne SCIP is effectively utilized.

“Supporting our law enforcement and community partners in curbing the scourge of gun violence is more critical than ever,” said Acting Associate Attorney General Benjamin C. Mizer. “In addition to other resources leveraged across the Justice Department, this Center will provide communities with new tools and technical assistance to help them implement effective crisis intervention strategies and reduce gun violence.”

“OJP’s investment in ERPO programs demonstrates the Department’s commitment to addressing the gun violence crisis in the United States,” said OJP Assistant Attorney General Amy L. Solomon. “This crisis cannot be solved at one level of government. We must use all of our resources and collaborate at the federal, state, and local levels to find innovative, evidence-based, and holistic solutions to help keep American communities safe.”

Through the Center and its newly launched website, states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers will have direct access to critical information that will enhance their ability to reduce firearm homicides and suicides. The website will be maintained and updated to include newly developed resources for the field created through the Center, in partnership with BJA. The website also provides a platform for the Center to highlight emerging and promising practices in successful ERPO implementation and connect states and localities to innovative strategies to reduce gun violence and save lives.

As of this month, 21 states and the District of Columbia have enacted ERPO laws. Successful and effective ERPO implementation requires a comprehensive and holistic approach that incorporates a wide range of stakeholders. The Center is designed to provide resources consistent with that need.

Updated March 23, 2024
This is the beginning of the end of Second Amendment rights in America.

Actions Have Consequences

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WJLA is reporting the following today:

A rape suspect who was released from jail in the wake of the coronavirus pandemic, Ibrahim E. Bouaichi, went on to kill the woman who had accused him, police in Virginia say.

On Wednesday, July 29, officers found a woman shot to death on S. Greenmount Drive. It was Alexandria’s first homicide of the year. The victim was later identified as Karla Elizabeth Dominguez Gonzalez.

Gonzalez had testified against Bouaichi in Alexandria District Court in December. He was indicted on rape charges and jailed without bond.

When the pandemic hit, Bouaichi’s lawyers argued that he should be freed while awaiting trial because the virus endangered both inmates and their attorneys.

Circuit Court Judge Nolan Dawkins released Bouaichi on $25,000 bond, ordering him not to leave his Maryland home unless meeting with his lawyers or court officials, The Washington Post reports. He was freed on April 9. Gonzalez was notified the same day, according to the Alexandria Sheriff’s office.

I have never understood the reason for letting violent prisoners out of jail due to the coronavirus. It seems to me that if you limit the number of people coming into the prison, you should be able to limit the number of cases of the virus. The virus is not capable of coming into the prison without being brought in by someone from outside. Taking temperatures of workers and practicing basic hygiene should be enough to keep prisoners safe. Letting out violent prisoners does not keep anyone safe.

The Problem With Justice In Minneapolis

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The death of George Floyd is a tragedy. There is no doubt that he would still be alive if he hadn’t been held down on the ground by the police for as long as he was. However, the autopsy does not give asphixiation as the primary cause of death. So where do we go from here?

Andrew McCarthy posted an article at The National Review today that might provide some answers.

The article notes:

For one thing, contrary to most people’s assumption, Mr. Floyd appears not to have died from asphyxia or strangulation as Chauvin pinned him to the ground, knee to the neck. Rather, as alleged in the complaint, Floyd suffered from coronary-artery disease and hypertensive-heart disease. The complaint further intimates, but does not come out and allege, that Floyd may have had “intoxicants” in his system. The effects of these underlying health conditions and “any potential intoxicants” are said to have “combined” with the physical restraint by three police officers, most prominently Chauvin, to cause Floyd’s death.

As I’ve noted in a column on the homepage, Hennepin County prosecutors have charged Chauvin with third-degree depraved-indifference homicide. Now that the complaint has been released publicly, we see that a lesser offense was also charged: second-degree manslaughter. This homicide charge involves “culpable negligence creating an unreasonable risk” of serious bodily harm, and carries a maximum sentence of ten years’ imprisonment.

It is easy to see why prosecutors added this charge (and why they shied away from more serious grades of murder described in my column). The case is tougher for prosecutors if there is doubt about whether Chauvin’s unorthodox and unnecessary pressure on Floyd’s neck caused him to die. Had he been strangled, causative effect of the neck pressure would be patent. But if the neck pressure instead just contributed to the stress of the situation that triggered death because of unusual underlying medical problems (possibly in conjunction with intoxicants Floyd may have consumed), it becomes a harder murder prosecution.

Stay tuned. This is going to get complicated. I believe that the police force was correct to fire the officers involved. However, getting them to pay a more serious price for their abuse of power is going to be difficult. Even with video evidence, they are innocent until proven guilty and have to be convicted ‘beyond a reasonable doubt.’

 

This Really Shouldn’t Surprise Anyone

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Breitbart posted an article yesterday about what has happened to the crime rates in New York City during the coronavirus lockdown.

The article reports:

While New York City remains under lockdown orders from Gov. Andrew Cuomo (D) due to the Chinese coronavirus pandemic, major violent crime continues to soar.

Cuomo implemented stay-at-home orders on March 20 that effectively force the closure of most businesses, except those deemed “essential,” to stop the spread of the coronavirus. Even with the lockdown, major crime categories such as murder, burglary, and auto theft have spiked across New York City.

Over the last 28 days, in the middle of the lockdown, murders in New York City have jumped more than 55 percent compared to this same time last year, when there were no lockdown orders in place.

Between April 13 to April 19, murders increased 100 percent compared to the same week last year. From year-to-date, murders are up by 5.7 percent.

Likewise, grand larceny auto — a crime that no longer warrants bail in New York — has increased more than 53 percent compared to last year. Specifically, there have been 500 charges for auto theft in the last 28 days. During that same time in 2019, there were 326 charges for auto theft.

Actually, I don’t think these numbers are related to the coronavirus at all. The last few paragraphs of the article contain what I believe is the cause of the problem:

The lockdown has dwindled the number of shootings and shooting victims in New York City but the overall year-to-date totals are still up. For instance, the number of shooting victims from January 1 to April 19 has increased 5.5 percent and total shootings have increased 4.1 percent compared to last year.

At the beginning of the year, Cuomo implemented bail reform laws that eliminated bail for suspects accused of second-degree manslaughter, aggravated vehicular assault, third-degree assault, promoting an obscene sexual performance by a child, criminally negligent homicide, aggravated vehicular homicide, and about 100 other crimes.

Simultaneously, Cuomo has ordered the release of thousands of inmates across New York to ensure prisons are abiding by social distancing guidelines. The New York Post has reported that at least 50 of the 1,500 inmates released in New York City have been rearrested for crimes.

When you eliminate bail and let criminals out of jail, bad things happen. The only relationship this has to the coronavirus is that the coronavirus was used as the excuse for letting the criminals out of jail. What is happening in New York City is another example of failed liberal policies.

This Really Isn’t News To Anyone Who Has Been Paying Attention

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The New York Post posted an article today about some recent comments by forensic pathologist Dr. Michael Baden, New York City’s former chief medical examiner, about the death of Jeffrey Epstein.

The article reports:

“I think that the evidence points toward homicide rather than suicide,” Baden insisted on Fox News Wednesday.

“The brother (Mark Epstein) is concerned that if [Epstein] was murdered, then other people who have information might be at risk,” Baden insisted, suggesting powerful players may have been involved in the death.

“If they think he has information, his life could be in jeopardy.”

Baden said there were signs of “unusual” activity “from day one” of the autopsy, saying the wounds were “more consistent with ligature homicidal strangulation.”

The article also notes some rather strange circumstances surrounding the death of Jeffrey Epstein:

Baden noted two fractures on either side of Epstein’s larynx, and one on the hyoid bone, above the moneyman’s Adam’s apple.

“Hanging does not cause these broken bones and homicide does,” he insisted on Fox. “A huge amount of pressure was applied.”

Baden also called for federal prosecutors to release the findings from DNA samples.

 “They took fingernail clippings to see if there’s anybody else’s DNA on it and that hasn’t been released, neither has information about whose DNA is on the ligature out of torn strips of orange sheets,” he said.

“Whoever made it has to have a lot of DNA on it and the brother has been asking for that from day one.”

He also questioned the supposed “total breakdown in security,” with the “extremely unlikely” coincidences of two guards falling asleep while video cameras in Epstein’s cell and hallway were also not working.

I suspect this is not the last we will hear about this. Hopefully the truth will be revealed eventually.