The attorney for the city of Ferguson and the police officers, Peter Dunne, however, claims that the whole due-process claim is a moot point, based on the fact that Davis had already accepted a plea deal.
â€œRegardless of what Officer Beaird personally saw, (â€¦) none of that mattered…â€ (because Davis had already pleaded guilty), Dunne explained.
In a case that gets more confusing the more you dig into the laws and the minute details within, the allegations of falsifying documents aside, the 8th amendment (cruel and unusual punishment) is at the heart of this case. When a person becomes a (pretrial) detainee, that amendment essentially gives more leeway to jail staff.
What Henry Davisâ€™ attorneyâ€™s points of law will hinge upon, are basically at what point Mr. Davisâ€™ booking started. One side argues that as soon as the booking process starts, heâ€™s officially a pretrial detainee. The other side argues that it begins as soon as heâ€™s taken into custody.
The attorney for the city and the officers claims that the alleged altercation occurred, by Henry Davisâ€™ own admission, when he was told to get into his cell and refused. Once he ignored those orders, â€˜the question of whether any force could be used disappears,â€™ claims Dunne.
The case basically comes down to a â€˜he said/they saidâ€™ and specific and detailed rules of law, as well as precise timing of what happened, when it happened, and how the interpretations of constitutional amendments carry out.
The moral of the story: Stay home. Donâ€™t breathe. Donâ€™t drive in the rain. Donâ€™t visit anyone, anywhere. Donâ€™t bleed â€“ especially anywhere near a police officer in Ferguson, Missouri, and donâ€™t, under any circumstances, pause at any moment when instructed to do something.
[*Initiating sarcasm shutdown sequence*]