Warm Southern Breeze

"… there is no such thing as nothing."

Is DUI Worthy Of Death?

Posted by Warm Southern Breeze on Monday, June 15, 2020

America’s historical laxity on DWI/DUI is infamous.

In some nations, as recently as 1978/9, anecdote suggests that DUI offenders in some nations may have been summarily executed… without trial.

But civilization, you know.

And due process.

There’s something to be said for them both.

And yet, due process is NOT laxity on law.

Consider some contemporary penalties for inebriated drivers in other nations:

  • In Australia, the names of intoxicated drivers are sent to the local paper and are printed under the heading: “He’s drunk and in jail”.
  • In England, drunk drivers face a one-year suspension of license, a $250 fine, and one year in jail.
  • In France, there is a three-year loss of license, one year in jail, and a $1,000 fine.
  • In Malaysia, the driver is jailed. If he is married, his wife is jailed, too.
  • In Norway, the penalty is three weeks in jail at hard labor and one year loss of license. With a second offense within five years, the license is revoked for life.In Russia, the license is revoked for life.
  • In South Africa, the penalty is a ten-year prison sentence and the equivalent of $10,000 fine, or both.
  • In Turkey, drunks are taken ten miles from town by the police and forced to walk back under escort.

Nevertheless, that I’m aware, there’s little-to-no evidence to suggest that DUI is a capital offense – at least in America.

Or, is there?

There’s the late Rayshard Brooks of Atlanta, you know.

He was summarily executed – shot in the back – by Atlanta police officers for DUI.

Yeah.

And he wasn’t even driving.

That’s an “inconvenient truth” which some don’t want to talk about.

And then, I think about what John Adams (1735 – 1826) – American Diplomat, 2nd POTUS, father of John Quincy Adams, and “founding father” of the United States – said at a December 1770 mass murder trial in which he was the Attorney for the Defense.

“Facts are stubborn things;
and whatever may be our wishes, our inclinations,
or the dictates of our passion,
they cannot alter the state of facts and evidence.”

— John Adams, statement made in “Argument in Defense of the Soldiers in the Boston Massacre Trials,” December 1770

At the time, Adams was aged 35.

And the defendants whom were accused of murder?

They were British soldiers of the 29th Regiment under the command an Irishman, Captain Thomas Preston.

Along with 4 civilians, the soldiers accused of murder were William Wemms, James Hartigan, William McCauley, Hugh White, Matthew Kilroy, William Warren, John Carrol and Hugh Montgomery.

The deceased victims of the event colloquially known as the “Boston Massacre” were Samuel Gray, Samuel Maverick, James Coldwell and Crispus Attucks, all who died immediately. Patrick Carr, who was wounded, died 9 days later.

The circumstances of the situation were that, late on the night of Monday, March 5, 1770, a crowd had gathered in front of the Customs House and confronted 8 British soldiers and Captain Preston. The soldiers, armed with muskets fitted with bayonets, formed a semi-circle as the crowd dared them to shoot. The scene was tense, and an unknown man in the crowd threw a club which struck a soldier, whereupon a shot was fired, which was followed by about 6 seconds of silence, followed by a volley of several shots. Many were wounded, including some who died instantly.

Enraged that troops under his command had fired without his order, Captain Preston commanded them to cease fire. Upon restoration of order, the troops departed the scene unscathed, leaving the peaceful civilian protesters feeling powerless.

Shortly, additional reinforcement British troops arrived on scene, which again escalated tensions, which had been significantly reduced following Captain Preston’s orders. Violence again seemed impending, but when Thomas Hutchinson made a quick speech from the balcony of the Town House guaranteeing that Captain Preston and his troops would be tried in court, the peaceful protesters were assuaged, the situation was thereby de-escalated, and the crowd dispersed.

According to the magistrate’s order, Captain Preston and the eight soldiers were to be tried separately.

John Adams headed the defense team, and with Josiah Quincy, the younger brother of prosecutor Samuel Quincy, they agreed to defend the soldiers who had killed five Boston residents. Rounding out the defense team was noted attorney and jurist Sampson Salter Blowers, and Robert Auchmuty, a Vice-Admiralty Court judge who agreed to serve on the condition that John Adams be co-counsel.

The prosecution’s Chief Counsel was Samuel Quincy, who had also recruited Robert Treat Pain, a prosperous attorney well-known in Southern Massachusetts and Rhode Island.

The irony of John Adams’ defense – a well-known revolutionary – of the King’s soldiers wasn’t lost upon the area’s residents… neither was the fact of equally-well-known defense counselor Samuel Quincy’s prosecution of them. To say that the tables were turned in that case would be an understatement of historically enormous proportions.


But, back to the future we go.


Rayshard Brooks of Atlanta, Georgia was murdered by police, who shot him in the back as he was fleeing.

Fleeing what?

Arrest.

For what?

DUI… while sleeping in his car in a Wendy’s fast-food restaurant in Atlanta, Georgia.

Obviously, that was such a egregiously severe offense that it called for an on-the-scene Death Penalty by Killer Cop Enforcers.


Sleeping While Black.


You know… the same offense that Breonna Taylor, an EMT in Louisville, Kentucky was killed by cops for committing.

The reader should sense strongly tragic and sarcastic irony in the preceding sentences.

Why?

Because Killer Cop Enforcers DO NOT have any kind of discretion whatsoever.

NONE.

That’s why, and what they were hired to do.

They MUST Shoot To Kill.

They CANNOT have the alleged offender call a friend, a cab, or ride sharing service for a ride home.

They CANNOT ask the alleged offender to voluntarily relinquish the keys to the automobile.

They CANNOT have a tow truck come and haul away the offending automobile.

They CANNOT have the suspect arrested when the offending automobile is attempted to be retrieved from impoundment.

They CANNOT do ANYTHING but Shoot To Kill.

After all, they’re Killer Cop Enforcers.

And that’s what Killer Cop Enforcers do.

Shoot To Kill.

Coming soon to a town near you!

Everything can be fixed with a bullet… especially with a bullet to the back.

Because that’s the heroic, honest, good, and just thing to do.

Shoot To Kill.

Death solves EVERYTHING.

EVERYTHING.


Rayshard Brooks had been visiting Atlanta for his daughter’s birthday,
and to visit his late mother’s grave.

He went home in a body bag.


Before being shot to death by an Atlanta Police officer in the parking lot of a fast food restaurant, Rayshard Brooks had a cordial conversation about being in the area to visit his mother’s grave and to celebrate one of his young daughter’s birthdays, according to a series of videos released by officials.

The shooting of Brooks, who is black, on Friday night sparked new protests and an arson fire at the Wendy’s where the confrontation started and escalated into the use of lethal force. It came on the heels of days of protests in Atlanta and across the nation over the officer-involved killing of George Floyd in Minneapolis.

The fatal episode led to the resignation of Atlanta Police Chief Erika Shields on Saturday, the firing of the officer who shot and killed Brooks and the other officer involved being yanked from the streets and placed on administrative leave.

The encounter unfolded about 10:30 p.m. when officers David Bronsan and Garret Rolfe responded to a call from a Wendy’s employee that a man was passed out in his car in the restaurant’s drive-thru and was blocking customers.

Bronsan was the first officer to arrive. His body camera captured him knocking several times on the driver’s window of a white Toyota rental car, trying to awaken the driver. Unable to get the attention of the driver, later identified as Brooks, 27, Bronsan opened the driver’s side door and shook Brooks to wake him up.

“Yo, what’s up my man?” Bronsan asked Brooks. « You good, you don’t need an ambulance or something like that? You just tired? »

Bronsan then told Brooks to move his car and take a nap. But when the officer went back to his patrol car, Brooks apparently fell back to sleep, prompting Bronsan to return to the Toyota and wake him again.

The body camera records Bronsan going back to his patrol vehicle a second time, saying to himself, « Do I want to deal with this dude right now? »

Bronsan asked Brooks for his driver’s license and then radioed a dispatcher that he needed a DUI certified officer to respond to the scene.

Brooks answered, « It’s been probably about a year and a half now. Her birthday’s just passed… »

When Rolfe arrived at the scene, Bronsan went to speak to him and told him that he found Brooks passed out behind the wheel in the drive-thru line.

« It took me a few minutes to wake him up. I kept knocking, opened the door, shook him. Woke up super groggy, kind of smelt … pretty good smell of alcohol beverage coming out of the car. Eyes are watery and glassy. … He wasn’t sure where he was and he’s telling me he had one drink earlier. »

Rolfe then went to speak to Brooks. In the conversation recorded by Rolfe’s body camera, Brooks said he didn’t remember being asleep in the Wendy’s drive-thru line.

When asked if he knew where he was, Brooks stated a location in neighboring Clayton County off the Old Dixie Highway about 10 miles away.

Rolfe eventually asked Brooks to take a series of field sobriety tests, asking him to follow his index finger with his eyes and walk a straight line heel to toe.

At one point Brooks asked the officers to let him go, saying, « I can just go home. My daughters are there right now. My daughter’s birthday was yesterday. »

Rolfe is seen administering the Breathalyzer, which according to the video, registered a blood-alcohol level of .108%, or slightly above the legal limit of .08%.

« Alright, I think you’ve had too much drinks to be driving so can you put your hands behind your back for me, » Rolfe ordered Brooks.

Until Rolfe began to handcuff him, Brooks was friendly and respectful of both officers, even referring to the officer who would soon take his life as « Mr. Rolfe. »

But as soon as Rolfe and Bronsan begin to make the arrests, Brooks, without warning, began to struggle and within moments he is seen wrestling with both officers on the ground.

A police dashboard camera video showed Bronsan drawing his yellow stun gun and threatening, « You’re going to get tased, your going to get tased » and aiming the device at Brooks’ legs.

Brooks, according to the video, responded, « Mr. Rolfe, come on, man. » He is then seen grabbing hold of Bronsan’s stun gun.

But Brooks managed to wrestle the stun gun from Bronsan’s hands. He scrambled to his feet and ran out of the view of the patrol car camera. Rolfe is seen aiming what appears to be his yellow stun gun and fires, apparently missing Brooks.

Rolfe’s body camera apparently dislodged and fell to the ground during the struggle but continued to record, capturing three gunshots.

Surveillance video taken from the Wendy’s showed Brooks running through the parking lot with Rolfe and Bronsan behind him. At one point, Brooks turned and allegedly shot the stun gun at Rolfe who drew his service weapon from his holster and opened fire. The video showed Brooks falling to the ground, and the officers converging on him.

L. Chris Stewart, an attorney for Brooks’ family, denounced the shooting as an unnecessary use of deadly force and during a news conference on Saturday night said Rolfe could have resorted to less-lethal force to take Brooks into custody.

« I’ve had cases where officers have used Tasers … and they argue with us that Tasers are not deadly, » Stewart said. « You can’t say he ran off with a weapon that could kill somebody when you say it’s not deadly. »

Just hours after the shooting, Shields, who had been police chief since 2016, submitted her resignation to Atlanta Mayor Keisha Lance Bottoms.

After viewing the videos of the incident that resulted in Brooks’ death, Bottoms demanded that Rolfe be terminated from the police force

« I firmly believe that there is a clear distinction between what you can do and what you should do, » Bottoms said in a press conference regarding the officer’s actions. « I do not believe this was a justified use of deadly force and have called for the immediate termination of the officer. »

Bronsan was placed on administrative leave as the Georgia Bureau of Investigation (GBI) and the Fulton County District Attorney’s Office launched probes of the shooting.

« How many times do we have to endure this? » Fulton County District Attorney Paul Howard Jr. told ABC News of his reaction of hearing another black person had been shot by a police officer. « And so when I saw that, that it was almost with disbelief that, first of all, it was happening in our country, but also that it was happening here in Atlanta. »

He said his office immediately started putting together a separate independent investigation of the incident, adding that « justice to me looks like following the facts. »

« Following the facts, we are going to be examining and reexamining the evidence, » Howard said. « We’ve got a couple of things that we have to confirm with our state investigators, the GBI. And once we confirm those things sometime during this week, we are going to make a decision and we are going to announce it to the public. »

« That critical question came at the very instance of the shooting, » Howard said. « So what we have to decide, based upon the prevailing law in this country and in our state, is … at the time that shot was fired, whether or not it was done to save the life of that officer. »

Rayshard Brooks went from telling Atlanta officer about visiting mother’s grave to being fatally shot: Video

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