Not gonna happen. Prosecutors cannot appeal an acquittal.
agg batt with firearm is not probationable, mandatory 6-30 years, served at 85 percent.
If Gaughan finds that certain gunshot wounds caused "severe bodily injury," those counts should run consecutively. he says, however many that is.
Defense rejected that argument entirely at trial.
Van Dyke’s wife and father get up and leave, as does former FOP president Dean Angelo.
So does McDonald’s great-uncle the Rev Marvin Hunter
“He turned around and started choking me, trying to get it out.”
“I can’t even look at the man right now I just think of the night he choked me, he don’t have no remorse for nothing.”
Herbert: “nothing further.”
Prosecutors, as is typical, ask him to point out Van Dyke and describe something he’s wearing.
“He’s definitely in the right attire.”
There was “unprofessional” back and forth between Van Dyke and the other officers, and they questioned him about recent shootings in the area
He was released from custody after signing a traffic ticket
Though Breathett says he has not seen the dash cam video. He says Van Dyke deserves prison simply because of what happened when Breathett was pulled over.
Breathett: in certain neighborhoods, yes.
Again, some of Van Dyke’s supporters in the gallery make quiet scoffing noises.
He says Van Dyke pulled him out of the car by the arm, dragged him around and “threw me face first on the car” to handcuff him.
He eventually had to have surgery for the injuries to his shoulders.
Nance is crying, rubbing his left shoulder, rocking back and forth.
Gaughan gives him the chance to take a break, but he says he wants to go on. “I need a napkin and some water.”
(It’s pretty obvious how he’s doing.)
Nance is incredulous.
(Luces testified that the officers who pulled him over twisted his arms and hurt him as he tried to explain that he was deaf)
"I touch his hand through a piece of dirty glass and speak on a phone that the connection breaks in and out of."
Van Dyke was convicted just a few days before her 17th birthday, which made her fall into a depression, she said.
Perhaps a hint that he thinks the agg batts should in fact merge into the second-degree, which is exactly what the defense asked for.