You might think that the undisputed facts here cry out for a jury determination, not just a judge’s.
But then a jury might get carried away by the whole dead, unarmed teenager thing, and find liability, and make a substantial monetary award. Then an appellate court would have to do the dirty work of throwing it all out after the fact. As they usually do.
Better to never let the jury decide it at all. Seventh amendment? Pshaw. Judge Klausner knows better:
The video footage shows that Arian turned towards officers on three separate occasions and extended his arms outward towards them. … In each instance, Arian held a small, dark object in his hands and pointed it in the direction of officers. … Based on this footage, the court determines that no reasonable juror could find that Arian’s stance did not resemble that of an individual preparing to fire a gun.”
“Here, the undisputed evidence shows that Arian, in the process of fleeing from officers, took a shooting stance and pointed his cell phone at officers three times in a span of only 19 seconds
Yes, you read that right. The deceased was “pointing” a cell phone. Kind of hard to take pictures if you don’t point the camera at the subject.
The Court “determines” all right.
There should be a lawyers’ strike in LA over this, not that there will be. Pity.