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CRIME AND CRIMINALS: MURDER HOMICIDE :
POLICE BRUTALITY :
UNITED STATES: CITIES: CLEVELAND, OHIO:
When is A Police Officer's Life Threatened Debated
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When is A Police Officer's Life Threatened Debated
By Mark Gillispie
Associated Press
Posted: 04/20/2015 05:45:13 AM PDT
San Jose Mercury News
http://www.mercurynews.com/ci_27948305/
when-is-police-officers-life-threatened-debated
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A shorter URL for the above link:
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http://tinyurl.com/l95a3dh
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Patrolman Michael Brelo fired 49 of the 137 rounds the night driver
Timothy Russell and passenger Malissa Williams were killed, prosecutors
say, with the last 15 rounds fired down through the windshield while
standing on the hood of Russell's beat-up Chevy Malibu.
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A judge -- not a jury -- will decide whether Brelo, 31, killed Russell and
Williams while under the influence of sudden rage or passion, the legal
definition of voluntary manslaughter in Ohio. But Judge John P. O'Donnell
must also decide whether prosecutors proved it was Brelo alone who killed
Russell and Williams.
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Thirteen officers fired at Russell's car that night but only Brelo was
charged criminally because, prosecutors contend, Brelo fired his final
rounds when Russell and Williams were alive but incapacitated and no
longer a threat. Deputy coroners have testified they cannot definitively
say which shots killed the pair or which officers fired them.
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Defense attorneys have argued that it doesn't matter, that Brelo's final
shots were justified because the threat didn't end until he reached into
the Malibu and removed the keys from the ignition. They've also argued,
and testimony from experts have confirmed, that Brelo was not the only
officer firing during what is being referred to at trial as a second
barrage of bullets that came 4 seconds after the first.
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The complete article may be read at the URL above.
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