This will doubtless do nothing to assuage the truthers who insist there was some vast conspiracy to murder Bland, but it’s clear the right decision was made. There are still other questions pending before the grand jury, so it’s possible that someone might face charges for failing to check on her hourly as the law requires.
Would the prosecution need to show somehow that Encinia didn’t intend to conduct a safer traffic investigation? How would they show what he really intended?
They could. The burden would be on the prosecution to show that arresting her, Tasing her when she resisted and handcuffing her, showed somehow that he did not intend to conduct a safer traffic investigation. Also, that saying he ordered her out of the car and to put out her cigarette for that reason instead of whatever they can prove he really intended, is material to the investigation.
I read the article, but I didn’t see any indication of what the prosecution is going to allege was his real motivation. Is it racism? That too seems a bit of a stretch. No doubt the grand jury heard things that aren’t in the public press, but it appears at first blush that a conviction will be an uphill battle.
Find out if she appeared drunk or high. (Apparently she was high, as it turns out.) Or see how she reacts to the standard lecture.
I think we have thrashed out the fact that the traffic stop isn’t over the instant the cop writes up the citation, and that the order to get out of the car was legal.