In this case I can see two of the torts being …show more content…
applicable, we will start with;
Intentional Tort. A brief defining of Intentional Tort is an act that is intentionally committed against another person with the act of causing harm. Mr. McDonald was shot and killed as he walked down a street away from police with a knife. He made all attempts to not be in their space. He was shot 16 times when at no point was he a immediate threat to the police. If the office thought that he was a threat one shot could have bought him down. Being shot 16 times and 13 of the shots were fired as he lay in the street seems intentional, was great harm done yes, death resulted in the great bodily harm.
Negligence Tort A brief defining of Negligence Tort is when an individual does not demonstrate the kind of care that a normal person should under such circumstances.
I believe that this Tort applies to this case because I do not feel that any reasonable person or officer would have one shot a person that was 10 to 15 feet away walking in another direction. If the first mistake was made to shoot this individual, I sure do not believe that an individual would shot the same person another thirteen times as he lays on the ground from the other 3 bullets that were placed in him. I also can back this up by saying these were at least 12 officers on the spot and Officer Jason Van Dyke was the only officer to shoot. There are 5 elements in which to prove “Negligence Tort” I believe that all 5 can be proven in this case.
I believe that the officer will be convicted, as well he will be sued for a wrongful death case. The family already settled for a few million dollars from the City. I believe once this trial goes to court others will be charged remember, there were several officers at the scene whom all neglected to tell the officer to stop, they also wrote reports that did not support the video tape that eventually
surfaced.
There is no defense in the case as the video shows that the officer at no time was in a place where his life was threatened. Nor does the officers report or 911 call match up with the video that was released. The idea that the city settled so quick with the family is also an admittance of guilt. The policies of the police were not followed during or after this horrific event.