Jaylen McCollough arrested

#1,653
#1,653
hndog609 said:
So now we have more of the "other side of the story" and it looks like they are trying to take a self-defense approach.

https://www.outkick.com/wp-content/uploads/20221027092021880.pdf

Now clearly we're looking at a he said-he said scenario but apparently there are witnesses that are willing to corroborate at least some of JM's account. (the assault is stated to have taken place with only JM and Spencer on the outside of a closed door) That would certainly be a plus for JM's claims.

The first question obviously is if any of this is compelling enough to have charges dropped. There's an interesting legal tangle mentioned later involving applicability of curtilage/appurtenance. I'm not certain how TN jurisprudence falls on curtilage and apartment complexes but it's my understanding that it's generally greatly curtailed vs "homes", at least regarding privacy/searches etc. Now if it really went down as described there would presumably be at least some implied protection under SYG. I suppose if curtilage stands it would only help the claim. If charges aren't dropped we're going to court.

Outside any legal issues IF JM et al. are telling the truth it's hard to have much sympathy for Spencer. How it does shake out legally we'll just have to watch.
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At least as to 4th amendment, the curtilage does not extend to the common areas of apartment complexes such as hallways. There might be an argument for some apartment complexes, like where the front door opens on to sort of a hybrid balcony, especially if you have chairs set out. Especially under these circumstances where someone has been told to leave and may pose a threat to person or property.

The presumption of reasonableness just seems to be an off-ramp for the DA/Judge. I’m not sure he would need that instruction to win at trial if a jury believes this set of facts. The presumption may be enough to drag it below the PC threshold.
 
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#1,657
#1,657
There are a lot of different types of prosecutors, in my experience. Some go out of their way to hurt people because they think they are on the side of good. Others are just spineless and afraid of losing their jobs. Most are lazy and don’t work their cases enough to know which ones are ****.

The three are not mutually exclusive.
 
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#1,663
#1,663
hog88 said:
Knox DA DA doesn't care if they get a conviction, they just want to ruin JM.
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Idk. A lawyer friend of mine suggested that losing a prelim is an embarrassment and that motion was a pretty big gamechanger and we all know lawyers love themselves
 
#1,665
#1,665
CNCVol88 said:
Idk. A lawyer friend of mine suggested that losing a prelim is an embarrassment and that motion was a pretty big gamechanger and we all know lawyers love themselves
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It’s all a political game.

Cops are always trying to make that big arrest to further their careers.

Prosecutors always trying to get that big conviction or plea deal to further their careers.

There is no justice system in America. If there were jails and prisons wouldn’t be full of poor petty prisoners, while the real criminals run this country into the ground.
 
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#1,666
#1,666
hndog609 said:
So now we have more of the "other side of the story" and it looks like they are trying to take a self-defense approach.

https://www.outkick.com/wp-content/uploads/20221027092021880.pdf

Now clearly we're looking at a he said-he said scenario but apparently there are witnesses that are willing to corroborate at least some of JM's account. (the assault is stated to have taken place with only JM and Spencer on the outside of a closed door) That would certainly be a plus for JM's claims.

The first question obviously is if any of this is compelling enough to have charges dropped. There's an interesting legal tangle mentioned later involving applicability of curtilage/appurtenance. I'm not certain how TN jurisprudence falls on curtilage and apartment complexes but it's my understanding that it's generally greatly curtailed vs "homes", at least regarding privacy/searches etc. Now if it really went down as described there would presumably be at least some implied protection under SYG. I suppose if curtilage stands it would only help the claim. If charges aren't dropped we're going to court.

Outside any legal issues IF JM et al. are telling the truth it's hard to have much sympathy for Spencer. How it does shake out legally we'll just have to watch.
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So wait, there is body camera footage of Spencer holding an empty vodka bottle while talking with the officers... and as he is admitting that he is intoxicated and going to the wrong building on the other side of the complex????

And Jaylen is the one arressted?
 
#1,669
#1,669
Rasputin_Vol said:
So wait, there is body camera footage of spencer holding an empty vodka bottle while talking with the officers... and as he is admitting that he is intoxicated and going to the wrong building on the other side of the complex????

And Jaylen is the one arressted?
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You would think this sh$t is made up, but it’s freaking real.

KPD is a joke. The Knoxville DA is a joke. Everyone who defended the drunk idiot who broke into JM’s apartment is a joke.
 
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#1,670
#1,670
This question of probable cause hits directly at one of the first comments I made in this thread, which basically was what reason did they have to arrest the (sober) resident that was not out looking for trouble as opposed to the admitted drunkard who admitted to going to the wrong building. I'll say it again, this is a dangerous precedent when homeowners are not given the benefit of doubt in a situation like this. Homeowners or people in their residence will simply resort to shooting people in their homes (or shoot them and drag them back in) instead of standing in their living room pleading with a drunk guy to leave. Or, the police will feel emboldened to do this more often to homeowners in domestic disputes. Nothing good comes out of this if it isn't nipped in the bud.
 
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#1,671
#1,671
MOOOOONEY said:
You would think this sh$t is made up, but it’s freaking real.

KPD is a joke. The Knoxville DA is a joke. Everyone who defended the drunk idiot who broke into JM’s apartment is a joke.
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Answer me this, what other time in the history of the police have they ever treated a drunk person with empty bottle standing in front of them like this?

I can't wait to see this body cam footage. I bet it is going to be ridiculous how tned out Spencer was. And likely, just a hunch, that if JM was sober enough to exercise his 5th Amendment rights and return to the scene, imagine the contrast that might be between JM and Spencer. And these guys arrested JM. WOW...
 
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#1,674
#1,674
Rasputin_Vol said:
What's the latest on this?
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Knoxville general sessions court judge agreed with the police and magistrate that there was probable cause and sent it to the grand jury back in early November, I think.

If the Grand Jury also finds probable cause, a true bill will be returned and it will go to criminal court for negotiation/motions/possible trial.

Otherwise a no true bill will be returned and it will be dismissed.
 
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