Posted on Apr 23, 2015
SGT Signal Support Systems Specialist
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I get it!

What happened between Michael Brown and Officer Wilson was tragic.

But the GRAND JURY found that officer Wilson was NOT at fault, how is another jury going to say that Brown's death was wrongful? I believe Officer Wilson was the victim in this case. Just much like the case I just sat on. If the lead detective says he can't say the defendant was in possession, then how does he expect us to?

Even more so, I don't understand how two parents that left him a gammys are able to bring up a lawsuit. He lived there until his death. Grandma should be getting that money, if there is any won.

AND moms might face some felony charges of her own... because of money.
http://www.nydailynews.com/news/national/michael-brown-mom-face-felony-armed-robbery-charges-article-1.2001373

SO if this doesn't prove that all they were interested in was fame and monetary gain, I don't know what else will. I think this has gone beyond Ridiculous.

http://abcnews.go.com/US/wireStory/civil-lawsuit-set-filed-michael-browns-death-30519005
Posted in these groups: F9e96211 Lawsuit
Edited >1 y ago
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SPC Rishawn Perreau
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Enough said
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Maj Regional Vice President
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Like it or not the standard of proof in criminal court and civil court are different. The standard in criminal court is beyond reasonable doubt. You could theoretically quantify that as 99%. The standard in civil court is prop inference of the evidence. Defined as more likely than not and theoretically quantified as 51% sure. These concepts are part of the system we of government we are sworn to uphold. I approve of their right to the civil justice system and a judge and jury can make a decision.
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Maj Regional Vice President
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Correction on auto type.. "Proponderence of the evidence"
admins, we need an edit feature...
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SGT Signal Support Systems Specialist
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I don't care if they do or don't. My opinion, tho, is that they shouldn't be able to. I understand what we fight for. :-)
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SPC Jan Allbright, M.Sc., R.S.
SPC Jan Allbright, M.Sc., R.S.
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You are placing yourself in the position of the finder of fact. That power is reserved to the jury or the judge. If you wish to go on record for restricting other people right for redress then please do not complain when the tables are turned. We defend other peoples rights as a function of protecting our own.
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SGT James Elphick
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There is a difference between criminal and civil trials. Just like OJ got away with murder he still had to pay in a civil suit
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SGT Signal Support Systems Specialist
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But you see, They paid the family of the Victim. The court deemed Officer Wilson the victim. So this really CAN go either way. This wasn't a wrongful death. This was a legit shooting.
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SGT James Elphick
SGT James Elphick
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Yeah but with our screwy legal system I'm sure they can find a way to flip it around
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SGT Signal Support Systems Specialist
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Oh I hear you.
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PO1 Glenn Boucher
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Although I voted No this is a civil suit matter similar to what happened in the OJ Simpson trial. OJ as we all know was innocent and Nicole Brown's family sued OJ in civil court and won, I don't recall how many millions but OJ was ordered to pay and had he not been dumber than he already was he would not have tried to rob some collector in Las Vegas and end up in prison anyway.
Michael Browns family will most likely win a wrongful death suit because I doubt any jury is going to want to deny it for fear of more destruction in Ferguson if they vote not to pay off a "grieving family". In the end I doubt though that a few million dollars is going to change anything about that tragic day.
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SSG (ret) William Martin
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No matter how correct or legal an individual or company was, anyone can sue that company and get some money out of them by settling the case. Going to court is expensive. The preponderance of evidence is much lower also in a civil tort case than a criminal case as well.
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CAPT Kevin B.
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Of course they have the right to sue. It would likely be a "Wrongful Death" case wherein the "preponderance" of evidence would have to show it was a wrongful death. That's one step lower than "beyond reasonable doubt" used in criminal cases. Preponderance has a variation of definition depending upon jurisdiction as does rules of evidence. I have next to no knowledge of the case but a majority of the evidence would already be available to the plaintiffs.

The OJ Simpson criminal case failed in a combination of ways including the judge allowing stuff in that many judges might not, prosecution botching some key presentation, potential of witness misconduct (earns money on TV ever since). The subsequent civil case was competently presented albeit with a lower standard of proof required and the rest is history.

I won't follow this case but will be interested in the hot wash to get an idea whether it was brought forward by attention seeking attorneys, a calculated ploy to strive for settlement, etc. The City and/or insurance carrier (if there is one) for the city may very well want to throw some money at a settlement as a lower expense than dragging out a trial and all the secondary costs with PR that goes with it. That's a business decision.

In my small town some current and former police employees have been piling on with hostile workplace suits, one after another. Some merit was found in an earlier case. Not knowing what's valid or not, small jurisdictions can get tied up in knots because they may not have the resources to fight well in the ring with shadow funded opponents.
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SGT Signal Support Systems Specialist
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Regarding the OJ case, the victims were that of Nicole and Ron so the family deserved the money. In this case, the victim was deemed Wilson. So is he able to counter-sue for defamation?
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CAPT Kevin B.
CAPT Kevin B.
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SGT (Join to see) Officer Wilson isn't a victim legally. Comments, complaints, etc. about a public official related to their duty don't trigger a defamation issue unless there's a focused personal attack. The plaintiffs attorneys wouldn't want that issue contaminating their case. Filing a wrongful death case by itself isn't defamation. I did see the news talking about a $75K minimum settlement which makes a business decision easier. Of course no guilt is admitted, no appeal allowed by either side, nondisclosure, etc. There's a strong incentive for Ferguson to put this stuff behind them including the DoJ monitoring and improvement stuff.
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SGT Signal Support Systems Specialist
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I just think its all wrong. All wrong. I won't like the ending... Basically pay us to shut up. That's what it is.
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SPC Rishawn Perreau
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We talking a man killed in "self defense" but in armed and away given up???? That's your child would you want justice or just let things go so it can happen again????
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SGT Signal Support Systems Specialist
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Um, my child wouldn't be stealing from a grocery store and would have respect for law enforcement, so they would never be in this position. Sorry to burst that bubble. If they WERE, then I would look at the facts and sadly enough would have to make the determination that my child might have been wrong. I wouldn't keep kicking a dead horse. Sorry not sorry.
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PO1 Glenn Boucher
PO1 Glenn Boucher
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SPC Rishawn Perreau, Forensics don't lie and forensics say that Michael Brown never had his hands up surrendering, forensics proves he moved towards Officer Wilson and was never shot in the back only in the front. and one shot to the crown of the skull which forensics clearly say that the bullet impacted in the front and went towards the back.
I am not saying that Michael Brown had to die that day, but poor choices by Michael Brown led to his death.
If your a combat veteran I am sure you fired your weapon more than necessary on one or two occasions to neutralize a threat to you or your patrol mates without the thought of "did I do enough?"
I refuse to badmouth anyone or call anyone names, but you have to look at the events that led to this tragic event and not just the end result.
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SPC Rishawn Perreau
SPC Rishawn Perreau
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stop it, video and forsnics to different thing has were up!!! Tired of people making excuses for him!!! He could have just shot him in the leg, or arm. if he was charging but no, he killed an unarmed man, but you got guys in skirts walking down the street with a ar-15, looking for trouble and cops are backing down and running. This the case, why are we fighting in Iraq and Afghanistan??? Becuse at these rate we kill each other before they will. This is crazy people can justify or condone killing a american. Despite anything he has done.
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SPC Rishawn Perreau
SPC Rishawn Perreau
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I'm tired of idiots, ignoring the fact that it's only cops story we know, he murdered and unarmed man!!!!! Period, so you charge someone as you say, it would never made the news, it was the point of eye witnesses that said he was shot innocently, the only people that testified were who the cops came with. No actually people right there.
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SGT Infantryman (Airborne)
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Just because they file doesn't mean they are going to win the 75K. They are free to file. I think 75K isn't enough. If they file, they should ask for six figures.
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