Quote:
Originally Posted by Ducay
Short answer - yes they can be charged, and it is a very good question that many have wondered. For Giage (guy shot) he potentially could, since drawing a weapon and pointing at someone is a subset of assault. There are arguments out there that since he didn't know the details of the first shooting, he was lawfully pursuing who he reasonably thought to be a criminal (As he testified), so could be some defenses around detaining him/citizens arrest, things of that like.
Similar defenses might apply to Maurice Freeland (Jump kick guy), who also could definitely also be charged with assault+.
There are clearly some decent defenses available to both of them, but yes, both could be charged since neither received any immunities in the trial (Maurice did not testify, despite being identified recently, as he wasn't granted immunity on a whole host of prior charges).
Question is whether the DA would pursue those charges.....which is highly doubtful
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The prosecution has charged other people that participated in the incident- ones they didn't want to testify. The Ziminskys are awaiting trial so weren't called to the stand to testify by the defense because of their fifth amendment rights. The prosecutors have repeatedly delayed that trial presumably so that the Ziminskys couldn't testify in assistance to the defense.