斯巴达克斯第三季

Jury convicts 1 officer in connection with Elijah McClain's death_我的网站

一 |           　　央视网消息：近期，一条网传视频引发公众热议。    A jury in Adams County, Colorado, has found Randy Roedema guilty of criminally negligent homicide and assault in the third degree in the death of 23-year-old Elijah McClain.Roedema and Jason Rosenblatt were the two officers first tried in connection to McClain's death.Rosenblatt was found not guilty on charges of reckless manslaughter, assault in the second degree and criminally negligent homicide.The two men, along with Officer Nathan Woodyard, who was first on the scene, and two paramedics, pleaded not guilty. The trial of Roedema and Rosenblatt lasted almost a month, with opening arguments starting on Sept. 20.The prosecution argued that the two officers violated department protocol by using excessive force against McClain. Prosecutor Jonathan Bunge argued that the two men failed to de-escalate the situation."When Elijah is on the ground handcuffed, he's saying over and over and over again, 'I can't breathe. Please help me,'" said Bunge during opening arguments, adding that McClain vomited after the chokehold and was drowning in vomit."There was no doubt that there was forcible restraint and heard the testimony from Dr. Beuther who said that ketamine is a sedative, but when someone is in respiratory distress they are at greater risk," said Special Assistant Attorney General Duane Lyons during closing arguments.The defense argued that the officers followed their department policies and training, instead blaming McClain's death on the EMTs who later arrived at the scene and gave McClain a shot of ketamine. The EMTs also claimed they were following department protocol at the time."There's little doubt that this case is a tragedy. But if you take the emotion out of this case, which is what you must do, the [prosecution falls] woefully short," said Don Sisson, Officer Roedema's attorney, during closing arguments. "They cannot prove Randy's actions or inactions were criminal in any way."Following the verdict, Attorney General Phil Weiser released a statement thanking the jury and calling attention to Elijah McClain and the McClain family."Today’s verdict is about accountability; everyone is accountable and equal under the law. And hopefully today’s verdict is another step in the healing process for the Aurora community and the state. I recognize that some people may not agree with the verdict, but we all must respect the jury system, which is a pillar of our democratic republic," he said in a statement. "The people who served on the jury are our neighbors, regular Coloradans who interrupted their lives for weeks to hear the evidence in the case, to deliberate, and to deliver justice. I thank the members of the jury for their service."We are here today because Elijah McClain mattered. He was just 23 years old when he died, and he had his whole life ahead of him. His mother, Sheneen McClain, has had to relive that tragic night repeatedly for the last five years. Yet I, and all of us, are inspired by her courage and devotion to her son. Sheneen has been incredibly resilient and determined to not let anyone forget about Elijah. I want to thank Sheneen for her strength, grace, and understanding. Elijah’s memory lives on as a blessing," his statement read.Interim Chief of Police of Aurora, Colorado, Art Acevedo, also posted a statement on X in reaction to the verdicts.“I know many have been waiting a long time for the involved parties to have their day in court," his statement read. "As a nation, we must be committed to the rule of law. As such, we hold the American judicial process in high regard. We respect the verdict handed down by the jury and thank the members of the jury for their thoughtful deliberation and service. Due to the additional pending trials, the Aurora Police Department is precluded from further comment at this time."McClain died after being stopped by police on his way home from a convenience store in August 2019. A passerby called 911 to report McClain as acting "sketchy" with a ski mask on; however, the caller said there was no weapon and that no one was in danger at the time.In police body camera footage, McClain can be heard saying, "I have a right to where I am going."One of the officers told McClain he had a right to stop him because he was "being suspicious."Woodyard then placed McClain in a carotid hold and all three officers moved McClain by force to the grass and restrained him. McClain can be heard pleading with officers in body cam footage, saying he can't breathe correctly.When EMTs arrived at the scene, McClain was given a shot of 500 milligrams of ketamine for "rapid tranquilization in order to minimize time struggling," according to department policy, and was loaded into an ambulance where he had a heart attack, according to investigators.McClain's cause of death, which was previously listed as "undetermined," was listed in the amended report as "complications of ketamine administration following forcible restraint." The manner of death remained listed as "undetermined" as it was in the initial report.The EMTs at the scene, Jeremy Cooper and Lt. Peter Cichuniec, will be tried together at a later date in connection with McClain's death.Woodyard will be tried separately because he was first on the scene and applied the hold, according to a court order.。

二 | 8月16日，上海至成都西的K1156次列车上，3名旅客实名制购买了6号车厢005号、006号、007号三个硬座席位车票，其中2名旅客检票乘车并按席位号就座，将零食放置到1名未检票乘车旅客车票所对应的006号空闲席位。途中，该车厢一名持无座席号车票的旅客希望在006号空闲席位就座，并请求列车员协调，列车员在核实购票和席位情况后，建议旅客双方自行协商解决。

三 |      　　8月21日，国铁成都局对此事发布情况说明，结合《中华人民共和国民法典》《铁路旅客运输规程》等法律法规作出专业法律界定：旅客购票后未检票上车，视为该旅客不行使本次列车运行区段内的席位使用权;基于合同相对性原理和铁路旅客运输规则，该席位也不能由第三方占用和处置。有特殊需求应当向列车工作人员报备，由工作人员现场协调处置。     　　旅客未检票乘车      　　视为不行使席位使用权利      　　国铁成都局发布情况说明后，再次引发舆论争议，有不少网友发文支持这两名女孩，认为车票是花钱买的消费权益，购票人有权自由支配座位。另有一些网友则支持无座旅客，认为火车座位属于公共交通资源，客流紧张时闲置座位是一种浪费，买票旅客没上车，座位应该重新分配给无座票乘客或者补票乘客。对此，国铁集团相关负责人也作出了进一步表态。     　　国铁集团企法部合规管理处处长焦德贵介绍，根据《中华人民共和国民法典》、交通运输部《铁路旅客运输规程》《铁路旅客车票实名制管理办法》以及国铁集团铁路旅客运输规则等法律法规和规定，旅客购票后由于自身原因未检票乘车，视为该旅客不行使席位使用权利。

四 |      　　过去，火车开车后，没赶上车的旅客车票作废。而现在，列车开车后，未检票乘车的旅客可享受免费改签当日24时前车次车票等权利，不再享有自由支配原座位的权利。     　　焦德贵表示，如果支持购票人可以支配座位的观点，理论上这名旅客购买一张车票，可以享受两张车票的权利，一张是未检票上车仍可支配的空闲席位，另一张是开车后改签的车票，这不但是对公共资源的浪费，会形成负面示范效应，可能引发更多一人购买多张车票占座的行为，这是不合理的。     　　有特殊需求 能否多购买车票?      　　那么旅客如有特殊需求，是否可以购买多于乘车人数的车票呢?      　　国铁集团客运部客运管理处处长郑铎介绍，旅客如因自身疾病或陪护病人等特殊需求，可购买多于实际乘车人数的车票乘车，比如，2人出行，一人陪伴一名病人，需要3张车票空间，便于病人躺卧或放置医用器械，可以在购票时用3张身份证件购买3张车票，但上车后向列车工作人员说明，工作人员会提供重点旅客服务，也会协助对其他旅客进行解释。     　　车票处置权属于购票人      　　而不是同行人      　　也有网友提出异议，认为该规则在权责上不对等，购票人已经完成付费，未检票并不代表铁路部门已经完成退款，在票款没有退回的前提下，直接剥夺购票人的席位权益是否有失公允?如果说未检票乘车产生的空闲席位，被安排给站票旅客使用，那原旅客在中途站又上车了怎么办?这个座位是归站票旅客继续使用，还是归原旅客使用呢?      　　焦德贵表示，根据相关法律和规定，旅客自支付购票款起，即建立了与承运企业间的客运服务合同关系。旅客没有检票乘车，放弃运行区段的席位使用权利，后续还有改签等权利。这个权利均是旅客本人，而不是同行人，哪怕这个同行人是其亲人和为其购票付款的人，也无权处置旅客的空闲席位。     　　铁路部门表示，旅客由于自身原因未检票乘车，形成旅客不行使列车正在运行区段该席位使用权的客观事实，即席位出现空闲，此时如有无座票旅客有就座需求，可以使用或找工作人员进行协调临时就座。     　　郑铎表示，在原旅客退票或者改签前，铁路部门不会对此车票再次出售。但要注意的是，无座票旅客是临时就座，如果原旅客中途上车，仍拥有该席位的使用权，可以找工作人员请临时就座的旅客离开，原旅客在此就座。

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Published on:07:48:54