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re: Any Trey Holly updates?
Posted on 3/4/24 at 4:08 pm to lsupride87
Posted on 3/4/24 at 4:08 pm to lsupride87
All they need to arrest and charge is probable cause. There doesn't have to be a lot of evidence present to have sufficient probable cause. A witness statement, a gun, a shell casing, a bullet hole, would possibly be enough. If TH left the scene, that would mean he didn't provide any explanation. If he remained silent (as he should), they'd go on the victim's statement, and the physical evidence to make the arrest. And that DOES NOT mean TH is guilty of any crime.
I am not in LA, but in my agency, we don't even charge attempted murder anymore. It's very difficult to prove. We charge agg assault, or wanton endangerment which are far easier to prove. In our jurisdiction, to prove criminal attempt-murder, you have to prove the suspect intended to cause death. Very difficult, even if its a shooting. To prove WE in my juris, you just have to show that the alleged perp should have known the actions could cause great bodily harm or death. AA would be- dude got shot, but didn't die. Don't have to prove intent, and it's still a class B felony, same as criminal attempt- murder.
And it is absolutely NOT uncommon at all for cops to overcharge initially. It's very common that charges like this get reduced, or dropped altogether for a variety of reasons. I wouldn't say "sort it all out" but I would say, in the fog of a shooting, initial witness statements are very often unreliable, and sometimes just plain wrong.
All that said, it is very possible that BK has inside information on the case. That's very normal. It doesn't mean BK is bending the case in his direction, but that he could very easily been given some insight into the investigation. This literally happens every day. It's not necessarily good policing, but it's not illegal.
I am not in LA, but in my agency, we don't even charge attempted murder anymore. It's very difficult to prove. We charge agg assault, or wanton endangerment which are far easier to prove. In our jurisdiction, to prove criminal attempt-murder, you have to prove the suspect intended to cause death. Very difficult, even if its a shooting. To prove WE in my juris, you just have to show that the alleged perp should have known the actions could cause great bodily harm or death. AA would be- dude got shot, but didn't die. Don't have to prove intent, and it's still a class B felony, same as criminal attempt- murder.
And it is absolutely NOT uncommon at all for cops to overcharge initially. It's very common that charges like this get reduced, or dropped altogether for a variety of reasons. I wouldn't say "sort it all out" but I would say, in the fog of a shooting, initial witness statements are very often unreliable, and sometimes just plain wrong.
All that said, it is very possible that BK has inside information on the case. That's very normal. It doesn't mean BK is bending the case in his direction, but that he could very easily been given some insight into the investigation. This literally happens every day. It's not necessarily good policing, but it's not illegal.
Posted on 3/4/24 at 4:22 pm to Shovelhead
quote:I mean this is my point with people not understanding at all how this works. The cops aren’t charging him
And it is absolutely NOT uncommon at all for cops to overcharge initially
Posted on 3/4/24 at 8:45 pm to Shovelhead
quote:
And it is absolutely NOT uncommon at all for cops to overcharge initially.
I’m pretty sure cops aren’t the ones who decide what a person is charged with.
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