Andrew Branca: Did Denver Shooter of Right-Wing Protester Just Get Away With Murder?
While there are certainly self-defense arguments that could be made here on behalf of Dolloff—and I’ve outlined many of those in the blog posts linked above—there would seem little doubt that Denver DA McCann has more than enough evidence in these photographs alone to amount to the probable cause needed to take Dolloff to trial on that initial charge of second-degree murder, if not some lesser-included charge such as manslaughter.
Instead, DA McCann has chosen not to try Dolloff on any charge whatever, with respect to his shooting dead of Keltner.
Prosecutors in America are given enormous discretion in deciding what cases to take to trial, and what cases to pass on. Ideally, such decisions are based on the actual legal merits of the case. Too often, such decisions are based on the political inclinations of the prosecutor.
Did Denver Shooter of Right-Wing Protester Just Get Away With Murder? (legalinsurrection.com)
Go read the whole thing.