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Defender acquitted in FLA case
I'd posted earlier on a Florida case where a fellow decided to attack a guy walking his dog, got two other folks (one a gang leader) to help him pulverize the person ... and they found to their dismay that the person was armed and able to shoot.
He's been found not guilty. In the meantime, tho, he sat in jail for eight months, his house has been burned down and his dogs been euthanized (I assume they were picked up when he was). The prosecutor's comments leave me wondering why he went ahead with the case (and note that a baseball bat was found near one of the dead thugs -- they obviously would have demolished the guy had he not been able to shoot):
"Williams, who argued that only Borden's first five shots could be construed as self-defense, said it was difficult to overcome the evidence that even the surviving victim, Juan Mendez, conceded the men planned to beat Borden.
Williams said he was upfront with the jury about the reputations of the men involved as well as their plans to hurt Borden because he wanted a fair trial.
"The truth hurt me in this case," said Williams, who expressed no surprise at the verdict. "They were bringing a lot of violence to this defendant. It's tough to put yourself in that guy's shoes and say he didn't act appropriately. It's really tough.""
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You win a cookie.
Prosecuting Borden was an appalling effort. The prosecutor is worse than the gang members that tried to kill Borden. The prosecutor is supposed to be on the side of law and order, but when he spins the law around and prosecutes the victim instead of the gangbanger, he becomes far worse than any of them. Shame!
elb
"Only the first five shots was self-defense."
That's an interesting concept. So when NYC police fire fifty rounds at an unarmed guy reaching for his wallet (Diello) how many of those were "self-defense?"
"The truth hurt me in this case," said Williams, who expressed no surprise at the verdict. "They were bringing a lot of violence to this defendant. It's tough to put yourself in that guy's shoes and say he didn't act appropriately. It's really tough.""
If the prosecutor believes this (and this is apparantly what he said), WHY IN THE HELL WAS THE CASE BROUGHT IN THE FIRST PLACE???
I'm assuming that he's got a boss who either 1) has an agenda for CC holders, or 2) is gutless, and figures that every killing belongs in front of a jury to "let the jury decide." That, of course, is simply passing the buck; prosecutors are supposed to make judgement calls, exercise their discretion, and determine which cases are worthy of prosecution and which are not.
This one obviously was not; if the prosecutor knew that from the beginning, that's extremely poor judgment in bringing the case to a jury in the first place. It frankly raises some ethical issues as well; a prosecutor, under the ethical rules, is to "refrain from prosecuting that the prosecutor knows is not supported by probable cause" and when it comes down to it has no business bringing a case that he does not think he has a reasonable chance of winning.
Extremely poor judgement.
Dude, see the first comment. The decision to prosecute was probably not made by the same lawyer as the one at the trial.
What a horse's ass.
" 'The truth hurt me in this case,' said [Prosecutor] Williams, who expressed no surprise at the verdict."
"Justice" was done, though, since the defendant was "punished" by the SYSTEM. He sat in jail for eight months, lost his job and life savings, his house has been burned down and his dogs been euthanized. He won't be so quick to defend himself in the future.
Williams gets this week's "Mike Nyfong Throphy."
Sounds like we have another Nifong.
"He was not a violent man, not a violent man at all," said Anastasia Bocanegra, who was Araujo's fiancee. "They were kids, they were babies."
Uh... right. A 19 year-old "baby" who was chumming around with known, armed gang thugs, riding in their vehicle late at night, stayed with them in that vehicle even when they went and armed themselves with a baseball bat and apparently a gun or two specifically for the purpose of going to kick the crap out of a guy whose offense apparently was to have the audacity to walk his dog. Boy, he's just as pure and innocent as new-fallen snow, ain't he?
I can't STAND this kind of talk. And these useless bags of flesh have the nerve to then burn the guy's house down? They should give Borden an award for improving the neighborhood. Incidents like these raise my blood pressure. Talk about aggravating!
Borden should have been given a medal for upholding the rule of law and protecting the community. How else to view the case? Some gang members came with the express purpose of intimidating him and the rest of the community (terrorism?). He did the right thing and took out 2 of them.
The DAs comment about 5 shots being self defense are bizarre. By my count, he failed to engage one whole target. ALWAYS CARRY AN EXTRA MAG! Seriously, though, does the DA think he should have stopped and counted holes in the bad guys?
"Seriously, though, does the DA think he should have stopped and counted holes in the bad guys?"
Exactly! You get comments like the one the DA made from people who have the wonderful calm and clarity of hindsight. Another I've seen, from family members of the scumbag who an armed citizen shot and killed in self-defense: "Why did he have to kill him? Why couldn't he have just wounded him?"
Blame Hollywood and TV dramas for the concept of "shoot to wound" or "shoot to kill" - when acting in self-defense, you're shooting to stop the threat - which might result in the aggressor getting wounded or killed. But your intent is to defend yourself against a threat, not to specifically wound or kill the other person.
"Williams said he was upfront with the jury about the reputations of the men involved as well as their plans to hurt Borden because he wanted a fair trial."
LOL. He was upfront about the reputations because he knew there was no way to pretend a bunch of gangbangers were choirboys.
That is right. You always tell the jury about the bad stuff on your side of the case before the other side gets to describe it. Trial Tactics 101. My view is that Williams didn't give a red piss whether Borden got a fair trial or not.
Others beat me to it, but YES:
Williams deserves to get 'Nifonged'.
...The truth CAN'T hurt an honest prosecuter, as his job is to seek and reveal it. We need honest prosecuters, we don't need this guy. I hope the defendant sues his pants off. Make him explain that statement.
This is another case of extreme prosecutorial zeal in a bad cause. The poor man lost months out of his life, his house and his dogs. He will probably not get an apology and he certainly cannot be made whole, even should he win a lawsuit.
Dollars to dog turds that Williams was an Assistant District Attorney and was acting under orders from the elected District Attorney. More dollars to dog turds that Borden was either white or black and was guilty of shooting hispanics in Florida.