(June 15, 2020 at 6:30 am)BrianSoddingBoru4 Wrote:(June 15, 2020 at 6:11 am)Editz Wrote: Pardon my ignorance of US legislation, but might the "three strikes" law have been applicable for this DUI?
I looked it up for you. This is the penalty for a third DUI in Georgia, the state where Brooks was killed:
Quote:Georgia DUI law considers an Atlanta DUI third offense in ten years to be the last step before trying future convictions as felony crimes. A Georgia DUI third offense carries a mandatory 15-day jail sentence, with fines ranging from $1,000 to $5,000. Driver’s license revocation extends for five years (if there are three convictions within five years), and community service is required for 30 days. The name, address and photo of the offender is published in a local newspaper at his or her expense.
Third offenders are declared to be habitual violators (if there are three DUI convictions within five years). Their license plates are confiscated, mandatory clinical evaluation is required and the courts can require completion of a substance abuse treatment program, as well as installation of an ignition interlock device on their vehicles.
You'll notice that nowhere does it say that a third DUI offense is punishable by death administered by the cop on the scene, prior to a conviction in a court of law.
In fact, I think I’m on fairly sold ground in saying that NOTHING Brooks did in the video (sleeping in a car, being drunk, driving drunk, resisting arrest, stealing a taser, running away) carries the penalty of summary execution.
Boru
Thank you. I only asked the question to try and make sense of why he'd resist arrest in such a determined way like that, loosing his vehicle too. I agree, having watched the video, that the cop should not have fired. Poor training I deduce.