Liberal Forum

nuckinfutz » 05 May 2023, 6:42 pm » wrote: ↑

05 May 2023, 6:42 pm

It would be nice if there were at least one impartial version of the relevant facts in the media, but I haven't found one. Apart from the fact that Jordan had mental health issues and a prior history of violence, what is missing is whether he actually attempted to harm anyone on that train. I can only find stories that suggest he was ranting. The only way the ex-marine would have been justified in attempting to restrain Jordan, is if Jordan was actually attempting to harm someone. That would fall under self-defense (or defense of others). Since the police have not completed their investigation, drawing any conclusions is simply premature at this point.

As to the suppression hold, if the ex-marine was justified in attempting to restrain Jordan, he can still be charged with excessive use of force if it is determined that he should have known that he was holding Jordan in a manner that was likely to cut off his breathing. You cannot maintain a hold on someone that long and be unaware that they are struggling to breathe. It is on this point that mitigating or aggravating factors become relevant in terms of the ex-marine's state of mind, such as PTSD and/or factors such as bigotry, racism etc. They would make the difference between a ruling of accidental death and involuntary manslaughter.

If the ex-marine was not justified in attempting to restrain Jordan, then mitigating or aggravating factors become the difference between involuntary manslaughter and manslaughter.