Murder

March 17, 2023

Tyre Nichols’s Death Prompts Investigations

by Law Offices of David L. Freidberg, P.C.

More than a dozen police and firefighters from the Memphis, TN, police department are under investigation after the death of a 29-year-old man. It is not entirely clear what happened, but Nichols attempted to break away from the police officers, and they simply beat him to death. Ultimately, it sounded like the man had a panic attack, and the police killed him because he was not following instructions. The incident has resulted in second-degree murder charges filed against the officers, and now, several more are under investigation for the cover-up that occurred afterward.

We say a “few bad apples” without actually completing the thought. A few bad apples literally spoil the bunch. In this case, maybe one or two guys initiate violence against an unarmed man, killing him, but they’re so void of emotional control that they do not realize it was bad until after the man is on his way to the grave. They have left bodycam footage and evidence trail a mile wide. But they are not dead yet. They still control the information. So, they beg other officers to intervene on their behalf, and now those guys are out of a job, facing criminal charges, and will never work in law enforcement again.

The law makes it clear that you are an accessory after the fact (to murder) by engaging in the cover-up. Now, none of these officers were charged as accessories, but once a defense attorney catches wind that a government official has committed official misconduct, that parcel of information will make it into every case in which they are involved. Prosecutors will not be able to use their testimony in court. They are functionally useless to the law.

March 15, 2023

Michigan Prosecutors Advance Charges Against Parents of School Shooter

by Law Offices of David L. Freidberg, P.C.

Michigan prosecutors are attempting to advance charges against the parents of a school shooter, claiming that the parents “should have known” that the boy had psychological problems due to his fascination with guns and disturbing drawings.

The idea that we all have the same set of values regarding weapons and horror art is not a smart position to take. Ultimately, the prosecutors need to convince a jury that parents would ultimately consider it within the realm of possibility that their child would commit a mass shooting. Parents rarely ever consider this. We will never know how many mass shootings were stopped by parental intervention, but it happens frequently enough to know that these parents are just as blindsided as the rest of society when their child commits an atrocity.

These parents are not getting a sick sense of satisfaction over the knowledge that their child is going to prison forever. They are devastated and their lives are ruined.

March 10, 2023

Officer Facing Charges After Punching 17-Year-Old Boy

by Law Offices of David L. Freidberg, P.C.

One officer is facing charges after several officers allegedly assaulted a 17-year-old boy during an arrest. Essentially, one officer was caught punching the boy repeatedly while the boy was on the ground, and the other officers were caught standing nearby and watching. While the officer who threw the punch is facing charges of aggravated assault and official misconduct, the officers who stood by and watched are not. Nor are they facing disciplinary action.

It is not clear that the bystander police officers could be held responsible for a crime in this instance. Which then got me thinking, what happened to the other two officers in the George Floyd case? The answer: They went to prison. So, let’s analyze that case (which was filed under Wisconsin law), and maybe we can figure out if these officers could be charged with the same thing.

George Floyd Analysis

February 22, 2023

Health Care Providers Charged With Murder, Now Face Lawsuit

by Law Offices of David L. Freidberg, P.C.

There are a growing number of criminal cases filed against healthcare providers who fail to act in accordance with the standard of care. While in some cases, these criminal cases seem better suited to civil court, there is nothing that prevents municipal authorities from filing criminal charges against medical personnel. In most cases, these suits are not filed against doctors but against EMTs and nurses. In some cases, the EMTs and nurses go above and beyond simple negligence, and hence, the charges against them are sometimes justified.

In this case, the EMTs are charged with first-degree murder, which is the harshest crime that anyone can be charged with under Illinois law. According to authorities, the EMTs knowingly strapped a man into the gurney so tightly that he was not able to breathe. He died of respiratory distress.

The defense contends that the incident was mere negligence and not intentional murder.

January 25, 2023

Will Alec Baldwin Be Convicted of Involuntary Manslaughter Charges?

by Law Offices of David L. Freidberg, P.C.

The defense is characterizing the charges as baseless and without merit after New Mexico prosecutors charged Baldwin with manslaughter. Baldwin was the one who fired the loaded gun, but there is no one who believes he intentionally wanted to harm Halyna Hutchins. The question is one of negligence.

Under the law, simple negligence is not a crime. However, culpable negligence is a crime. As an example of a crime of culpable negligence, think reckless driving or DUI. In these cases, you may not be trying to hurt anyone, but you are placing others in a position where they can be hurt or even killed. In cases of DUI involving a death, you have culpable negligence that gives rise to homicide. So, did Baldwin contribute a DUI-like amount of culpable negligence to trigger a manslaughter investigation?

The Prosecution’s Argument

December 30, 2022

New Junk Science Being Used by Police to Destroy Lives

by Law Offices of David L. Freidberg, P.C.

Over-the-phone lie detection is the latest junk science employed by the FBI and police departments across the country. While experts familiar with the work say it should not be used to convict individuals, it is being used to analyze 911 calls to determine whether the calls are honest or false.

Today, the Karen phenomenon and swatting have police on high alert for false calls. But it isn’t swatting and Karens that are being stopped. Often, it’s people who “say the wrong thing,” according to this method of analyzing speech patterns. And that could be anyone, even the victim of domestic violence or sexual assault.

What You Need to Understand

December 28, 2022

911 Call Analysis Used to Convict Man of Murder

by Law Offices of David L. Freidberg, P.C.

A recent television series documented a case in the United States revolving around a man accused of murdering his wife. In the criminal case, the prosecution used testimony from an expert witness to claim that the man staged the 911 call and was actually himself the murderer. He was convicted based on the testimony of a sergeant who interpreted the 911 call as being staged. A jury convicted the man on that basis.

The basis for the witness’s testimony is a little-known method of lie detection promulgated by police departments and the FBI. According to these departments, you can tell if a person is lying by interpreting linguistic cues and stress in their voice. Of course, there is little scientific basis for this, and there has been no testing to determine the veracity of these claims. That’s not the problem, however.

In most cases, we would laud anyone who wanted to endeavor to determine if there was any method to determine if someone was lying by studying their vocal cues. That’s not what’s happening here, however. Instead, the police departments are assuming that they can do this without subjecting their procedures to peer review. Even those most familiar with the theory have publicly stated it should not be used to convict individuals. Nonetheless, there have been 100 cases (at least) throughout the U.S. in which 911 call analysis or vocal stress interpretation.

November 4, 2022

Woman Held After Stabbing Boyfriend Over Microwave Dispute

by Law Offices of David L. Freidberg, P.C.

A Chicago woman is being charged with murder after stabbing her boyfriend to death. According to police, the incident was related to a dispute over who could use the microwave first. The woman was eight months pregnant at the time of the stabbing, and she and her boyfriend were living together, according to police.

According to the press release, a dispute broke out over who was going to reheat their leftovers first, which turned into a shoving match. The boyfriend went to lie down in his room, but the girlfriend continued to argue. Eventually, she approached his bedroom with a knife. An uncle attempted to prevent her from getting closer, but she reached around him and stabbed the boyfriend in the thigh. He died after bleeding out from his femoral artery. She then dropped the knife and fled the scene, according to reports.

The woman is facing one charge of first-degree murder and is being held without bond. As of the stabbing, police were called to five reports of domestic violence, with the defendant listed as the aggressor. All of these incidents occurred over a four-month period between June and September. In one incident that occurred in late August, the defendant was listed as the aggressor in an incident that left her boyfriend with a stab wound to the neck. The boyfriend refused to press charges over the incident.

October 12, 2022

Three Teens Charged in Carjacking Spree, Vehicular Homicide

by Law Offices of David L. Freidberg, P.C.

Four people, including three teens, have been charged in a carjacking spree that ended with the death of a 55-year-old woman. Police say the perpetrators carjacked two women, set a pickup truck on fire, and then caused a deadly crash after a police chase. The 17-year-old driver has been charged with murder and three counts of aggravated fleeing. Another 17-year-old has been charged with possession of a stolen vehicle and unlawful use of a weapon. Others are facing charges of trespass to a vehicle and weapons violations.

The teens carjacked two vehicles in a short time before setting fire to a pickup truck they had stolen earlier. At that point, police became aware of the teens, and a chase ensued. The chase reached speeds of 60 mph and only stopped when the stolen vehicle crashed into a Toyota driven by the 55-year-old victim.

Understanding the Murder Charge

July 1, 2022

Details Emerge Concerning Suspect in Deadly Shooting

by Law Offices of David L. Freidberg, P.C.

Details are beginning to emerge about the suspect in the recent Weathertech shooting. According to reports, 37-year-old Charles McKnight is accused of shooting and killing another 37-year-old man and wounding two others. McKnight was found in possession of some of the victim’s belongings. Two Weathertech employees confronted McKnight near the end of his shift after they accused him of stealing the personal belongings of another employee at gunpoint. An argument ensued and McKnight shot at the men confronting him.

McKnight worked for a temp agency and managed to pass a background check although the press was able to discover that McKnight had been arrested several times for minor offenses. McKnight was never prosecuted on any of those charges which ended up being dropped. All the offenses were minor offenses such as simple battery and disorderly conduct. According to the temp agency, they use another company to conduct criminal background checks and McKnight’s came back clear.

One of the victims was treated and released from the hospital while the other is in critical condition. McKnight will likely face one charge of first-degree murder and potentially two charges of attempted murder. His bond has been set at $5 million.