From lawjrank.org: In criminal cases, the prosecution must prove the defendant's guilt BEYOND A REASONABLE DOUBT. Judges explain the REASONABLE DOUBT STANDARD to jurors in a number of ways. Federal jury instructions provide that proof beyond a reasonable doubt is "proof of such a convincing character that a reasonable person would not hesitate to act upon it in the most important of his own affairs." State judges typically describe the standard by telling jurors that they possess a reasonable doubt as to the defendant's guilt if, based on all the evidence in the case, they would be uncomfortable with a criminal conviction. In giving the reasonable doubt instruction, judges regularly remind jurors that a criminal conviction imposes a variety of hardships on a defendant, including public humiliation, incarceration, fines, and occasionally the FORFEITURE of property. Reasonable doubt is the highest standard of proof used in any judicial proceeding. Read more: Burden of Proof - Reasonable, Doubt, Evidence, and Criminal - JRank Articles https://law.jrank.org/pages/4927/Burden-Proof.html#ixzz6acd8xN5l
PERSONAL OPINION... the guard is going to be charged with something. Colorado does not want private security guards going out and doling out justice. The guy with the mace was wrong but who was the guard protecting? What need was there for the guard to confront the sitution? Could he have just walked away and taken anyone with him to leave the situation and go to the police standing nearby? based on initial review, the guy killed a man who was spraying him with mace... he is going to be charged with something in my humble personal opinion. Stand your ground is very vague when not in your home or not backed into an actual corner.
Does the state have a licencing requirement for an armed security guard? That could be an issue for all involved.
I dunno, you can see fatman reaching as he steps back and makes some distance to let the pepper spray go. I can't tell what he's holding at first glance. Not unreasonable for guardman to beat him to the punch
The fact that he was there, employed as a security guard will negate a premeditated charge. He’s toast if he doesn’t have all the proper licensing for being armed as a security officer. The victim and the defendant both raised their arms holding a weapon, split second reflex. I’m going to withhold judgment until we can see the moments leading up to this point in time. Sadly the whole incident should never have happened, it could have easily been deescalated. And this false narrative, I’m with the press, in the middle of a riot, where emotions are high, is bullshit. Just because you think your a journalist you don’t have the right to invade people’s personal space, jamming a mic and camera in someone’s face without their permission. You want to film, do it from a distance. The news crew will probably be liable and complicit to some degree, if the guy is guilty. Either local officials get control over these “ peaceful protests” or things are going to spiral out of control.
The will continue to stand back, as they did here, in spite of a loud altercation within earshot; because they want to hold local governments hostage to continue doing their jobs w/o accountability
The private security guard who has been jailed on suspicion of first-degree murder stemming from a deadly shooting on Saturday in Denver during dueling protests was reportedly not properly licensed to work in the position.
At this point I am just going to wait to see what the DA does in my case. It will be interesting to see if the security guard gets charged or if this goes to a grand jury or if he goes free. My neighbor, a lawyer (civil cases) thinks a DA would always pursue charges in a case like this because they would otherwise face significant public scrutiny that might end their career.