Attempted Murder

Let us say you used to be a cop, but now you are a detective assigned to the Burlington Northern Santa Fe railroad – a job you’ve held for 13 years in 2005 when an incident takes place that changes your life. You have no criminal record and at age 53, you are basically an upstanding citizen of your community.

One night on the way home from work, you get pulled over by not one, not two, but FOUR cops for possibly driving the wrong way on a one-way street and/or possibly having your headlights off while driving at night. I say possibly because these alleged infractions that lead up to the incident at hand are apparently still murky and unclear.

And when I say pulled over I mean: You get forcibly dragged from your vehicle and wrestled to the ground by four police officers. They are restraining you so that you cannot produce your identification that would tell them that you are a member of law enforcement too.

While they have you kneeling and are pushing you even further towards the ground, one of the cops searches you and finds the weapon issued to you by your employer. Panic ensues because now there is a gun involved. The officer who found the weapon yells out “GUN!” and every single one of them commences to shooting at you.

You get shot 28 times. 21 of those shots are in your back. In addition to the 28 bullets that hit you, many more were shot into the air, into your vehicle, and into the walls and furniture of nearby houses. Total disregard for your safety, your life and the life and safety of the people living in the immediate environs of this incident.

You are pretty much left for dead by those four officers of the law, but eventually you do get transported to a hospital where your condition is reported as critical. The trauma surgeon who treats you on that night, lists your injuries: your neck, back, leg, liver, kidney, and colon. You also get treated for a wound to your arm.

It takes you 7 months to recover.

In 2007 you get prosecuted, by the Assistant State Attorney, for four counts of attempted murder, four counts of aggravated battery of a police officer, and two counts of discharging a firearm. Because of course, you pulled your weapon and shot the hell out of those officers. Because you might have thrown a punch or two while being wrestled out of your vehicle. I’m surprised that you didn’t get charged for attempted stealing of bullets from law enforcement officers. But that would be going too far and also would be completely ridiculous.

The farce of a trial concludes with you being found not guilty of battery and discharging a firearm. Which means that the jury decided you did not in fact shoot anyone up that fateful night. Nor did you manage to injure any of the Fabulous Four while they were arresting you. Done deal right?

No. The jury was hung on the charges of attempted murder, resulting in a mistrial. According to defense attorneys, ten jurors considered you not guilty of the attempted murder charge, but two would not accede to this judgment. So two completely stupid people could not make the huge leap in cognition – I mean they just could not see how you the one lone disarmed person could not possibly be attempting anyone’s murder or battering on anyone whilst being shot at as you lay on the ground.

So they have a re-trail. In 2012 you get found guilty of attempted murder. It takes the jury an agonizing three hours to come up with that verdict. They, by the way, were prevented from hearing about how the other previous charges from the previous trial turned out.

A year ago at the beginning of April 2012 you get sentenced to 40 years in prison for attempted murder. You were actually issued four sentences. One, 40 years, one, 35 years, and two for 25 years. These sentences were reported as 40 years because you may serve them concurrently.

Stuff you should know:

Your vehicle was crushed and destroyed without notice or cause before any forensic investigation could be done.

You were never tested for gun residue to confirm if you even fired a weapon on the morning in question.

The State never produced the actual bullet proof vest worn by one of the officers who claimed to have allegedly taken a shot directly into the vest on the morning in question. The State only produced a replica.

Assistant State Attorney, who co-prosecuted the case in both trials, argued that the officers held back, saying “Every bullet [you] got, [you] earned.”

You should also know:

This is a TRUE STORY. It really truly happened to someone.

I left out some important facts. And I did so for a very good reason. I wanted you to experience the bare bones and facts of the incident without adding anything else into the mix. Because just based on THOSE THINGS ALONE – this ish is just plain WRONG on so many levels.

Onto the stuff I left out:

Howard Morgan – the person in question ie the person who got shot 28 times and got sentenced to 40 years – basically a life sentence, he is 61 years old now – is Black. The four Chicago police officers who jumped him and attempted to murder him pulled him over where all white.

“This man is the only man in the world who was shot 28 times and still alive to tell the truth about what happened,” Rosalind Morgan told me during a telephone interview on Monday. “This is crazy. There’s been a news blackout. I had to go outside to get someone to help.” (source)

Welcome To America.

I just had to dust off OMGWTF Kitty for this ish.

OMGWTFkitty

I’m so DONE.

Free Howard Morgan. <—-yeah click dat to find out how you can help.

UPDATE: On January 12th, 2015, outgoing governor Pat Quinn commuted Howard Morgan’s 40 year sentence. Howard Morgan was released from Dixon Correctional Center on January 14th, 2015. He served about 10 years.

However the conviction still remains on his record. Click that link to see how you can help by signing a petition and other actions.

______________________

Tell me how a person can get shot 28 times and end up in prison for the rest of their life charged with the attempted murder of the four people who shot him? Just please TELL ME.
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About Awake BW

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2 Responses to Attempted Murder

  1. The only thing that I think you got wrong is double jeopardy does not apply because the original trial ended in a hung jury/mistrial. The only possibility is a retrial. Double jeopardy only applies if there is a solid verdict. I.e. if he had been found not guilty in the original trial of attempted murder, then you would be right, a retrial would have been unlawful.

    I’m not disputing the horrific acts nor the facts of the case as you’ve stated them, just noting that the double jeopardy comment isn’t be applicable in this case.

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