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Opening Arguments

Double or nothing

Thirteen years ago, Earl Dashawn Terrell became a quadriplegic when was shot. Brandon J. Gaither was convicted of aggravated battery and sentenced to 15 years. Terrell has just died, and the coroner has ruled it a homicide because the death resulted from complications related to his condition, which resulted from the gunshots. But it looks like Gaither is going to get a pass:

The Prosecutor's Office said double jeopardy prevents Gaither from being charged with Terrell's death.

Common sense suggests this might not really be so, and our sense of justice says it shouldn't be. Indeed, just a quick Google search of double jeopardy cases shows there are case law and Supreme Court rulings that can easily justify going after Gaither: same event, different crimes, so no double jeopardy. If they don't want to prosecute him for the death, fine, let them tell us why. But they shouldn't try to make the case go away by flatly asserting something that just isn't so.

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