Judiciary Independence


People are sharing links for petition on their WeChat moments talking about how unfair Mr. Peter Liang’s case was.

Indeed, the case is unusual, a police officer accidentally shot an unarmed civilian who wasn’t engage in any type of crimes; a NYPD officers who was found guilty relating police shooting for a decade.

However, we also need to remember that the misconduct led to the death of an innocent individual.

According to news reports, victim went to the stair because they couldn’t wait for the elevator. Officer Liang was “surprised” by the noise and accidentally fired his weapon.

This is the part where most of the links failed to mention. After firing his weapon, according to the witness, his NYPD partner,

Liang failed to alert 911 operators that an ambulance was required when he eventually did call; he searched the stairwell for his spent bullet but didn’t notice that Gurley was dying until he came across him several floors below; Gurley’s friend Melissa Butler made frantic attempts to save his life using CPR, but Liang still did not provide any aid to the dying man; his partner Officer Landau testified that Liang was more concerned with having discharged his weapon which might get him fired than whether or not Gurley was injured

(BRAVERMAN, SAM. Peter Liang manslaughter conviction highlights the unique circumstances of Akai Gurley shooting. N.p., 13 Feb. 2016. Web. 13 Feb. 2016.)

This made the case worse and certainly compromised his credibility; let alone he failed to follow the Police Use of Force Continuum, when facing a total blackness, with no visibility, he chose to use excessive force, a fatal weapon.

An important factor why other officers in similar situations but got away with these charges maybe because they were not facing blackness and shooting randomly, and they convinced the jury that they were facing imminent danger.

Also, the petition is actually a very bad way of helping Mr. Liang as its underlying statement is to allow Executive Branch to interfere the Judiciary and to compromise the Prosecution independence.

It’s not unfair, as far as I can see, if the sentence is not so long.

In my view, if you do want to help him, do it the right way, raise fund so he has a good lawyer and back him for an appeal.

Let me know if there is such crowdfunding.

BTW, most of the states don’t require law enforcement officers to give warnings before using lethal weapons (Indiana requires a warning).

Procedures for the use of firearms

The officer is to identify himself or herself as a police
official
and
The officer is to give a clear warning
and
The officer is to allow adequate time for the warning to
be obeyed
but
This shall not be required if the delay would result in
death or serious injury to the officer or others
or
if it is clearly pointless or inappropriate in the circumstances
to do so.

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS: http://www.ohchr.org/Documents/Publications/training5Add3en.pdf