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I’m not trying to lawyer the charge. I’m trying to keep the legal label separate from the sworn factual claims.
A witness in a federal filing “declare[s] under penalty of perjury” that what follows is “true and correct.”
Here are the direct quotes:
“I didn’t see him reach for or hold a gun.”
”[H]e started pepper spraying all three of them directly in the face and all over.”
“They threw him to the ground. Four or five agents had him on the ground and they just started shooting him.”
“I have read the statement from DHS about what happened and it is wrong. The man did not approach the agents with a gun. He approached them with a camera.”
So yes: there is sworn witness evidence directly disputing DHS’s framing.
If anyone has bodycam/forensics that contradicts this, drop it here.
It is bonkers that this is, at best, third-degree murder, and possibly second-degree murder; done in plain sight, caught on video from multiple angles, by what amount to government stormtroopers.
I'm sure the objections from all the liberty-loving small-government types will be forthcoming.