[Updated 5:50pm with Andy Savage response below]:
Officer Michael Slager is the South Carolina police officer charged with murder in the shooting death of Walter Scott. Officer Slager’s trial is set to begin October 31st 2016, however the DOJ announced additional federal charges today.
The back story for today’s DOJ announcement frames the motive for the Obama Dept of Justice, Civil Rights Division, to file proactive charges today – the media will avoid highlighting the transparency. However, long term CTH readers will understand it well. Remember, Hillary Clinton called Ryan Julison.
The State of South Carolina has put itself in a very difficult position with prosecution of the case against officer Slager. Despite the media presentation of the event, the charge of Murder is a significant reach given the actual events which occurred in the entirety of the several minutes of the physical struggle with Walter Scott which were not recorded or discussed in the media.
The South Carolina prosecutor, Scarlett Wilson, filed specific charges in order to appease the political and racial constituency. She, and the politicians around her office, wanted to quell any possibility of racial discord amid the highly-charged case. However, there is a strong argument they have over-charged in this case.
The South Carolina prosecution has to prove three elements: ¹an unlawful killing, with ²malice aforethought, and ³specific intent, in order to successfully gain a conviction of first degree murder. With the full airing of the evidence in the case, and knowing the entirety of the events, there is every reason to believe they will not be able to prove those elements. – SEE HERE –
The prosecutor, as a direct outcome of the racially politicized animus, did not present any possibility of lesser charges in their filing. As a consequence it is quite possible Officer Michael Slager will be found ‘not guilty‘.
It is uncommon for federal civil rights charges to be filed in advance of the actual state criminal case being fully adjudicated. However, in this example the timing of the DOJ filing appears directly tied to the federal election.
Remember, per a very controversial decision to override the defendants right to a speedy trial (Michael Slager did not waive – and actually requested a speedy trial), the South Carolina prosecutor Scarlett Wilson, scheduled the trial to begin October 31st. Barring further delays, the trial will be ongoing during the 2016 Presidential election.
There is a very strong possibility the NEXT administration’s DOJ would not file federal charges. The filing today should be seen as a proactive measure by the Loretta Lynch DOJ to try establish the case prior to President Obama leaving the White House.
Here’s the response from Officer Slager’s attorney, Andy Savage. It looks like he knows what’s up:
The CTH Archives On The Walter Scott Shooting – AVAILABLE HERE
Former @NCPD Officer Michael Slager indicted on federal charges in shooting of #WalterScott pic.twitter.com/uCg3tZXHDo
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Indictment: Slager "misled SLED investigators by falsely stating he fired his weapon at Scott while Scott was coming fwd at him w/ a Taser."
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
The Scott family attorneys enter the Charleston federal courthouse in advance of Slager's arraignment. pic.twitter.com/BnOvXyfuo3
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Just out of court- Slager indicted on 3 federal charges, pleads not guilty, will not have to pay additional bond to the $500K state bond
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Slager faces up to life in prison for federal charge related to killing #WalterScott. Feds say they will not seek the death penalty
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Family of #WalterScott slowly leaving the courthouse to talk to news media pic.twitter.com/TDgNPYqYFV
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Chris Stewart says this is historic- police brutality should not be taken lightly pic.twitter.com/Vfhx4EvoVg
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
"The gov't has said 'this will stop.'" He says it's a message to bad cops that the fed gov't will step in. "#WalterScott didn't die in vain"
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Scott family attorney says they're "very proud of the federal government." pic.twitter.com/DKvnqku9hx
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016
Stewart says he's fine with judge's decision not to set a new bond, says he's learned not to question judges in the legal process
— Stacy Jacobson (@StacyJacobsonTV) May 11, 2016