From the video none of these things were happening. The situation didn't seem particularly tense and he was walking away. The police officer stepped in and aggressively pushed him over as he was walking away. Have a look at the video again, where is there any evidence for using any force whatsoever?
The point is the video did not show the 30 secs / 100yds prior to the use of force - it started pretty much with it. So NONE of us know what happened. I am not saying that any particular thing happened in that 30 secs / 100yds we haven't seen / heard about, I am simply pointing out that things
could have happened that
may have amounted to justification for
some use of force (in response to someone (you I think) specifically asking me what possible justification could there be ...). And I have repeatedly said that the plain comment by the CPS to the effect that the use of force amounted to an assault (and thus was not in their view lawful) very strongly suggests that there was nothing in that period that did amount to justification for the level of force we saw used (albeit it doesn't necessarily mean that they believed there was no justification for
any use of force. The situation is not simplistic and clear cut. The video clip, starting only a second or two prior to the use of force does NOT provide the entire story (any more than the video of someone punching someone really hard would show the whole story if it didn't include the pushes and threats of use of a weapon which preceded it ...).
Firstly you don't seem certain of this. Secondly the investigation would almost certainly have thrown up new facts. I would like to know for certain whether a conviction of common assault (which everyone seems certain would happen), would mean that a greater charge could not have been brought later, even if new facts came to light.
That's because I'm not a lawyer. I know enough to know that the issue would arise. I do not know enough to provide a legal opinion on what the outcome of consideration of it would be. Entirely new facts coming to light subsequently
would enable alternative charges to be laid (e.g. there are cases in which an ABH charge led to a conviction and when the victim died a few weeks later manslaughter or murder was proceeded with successfully) ... but I am not at all sure there are any significant new facts which were not known at the six month stage.
Perhaps one reason it hasn't been changed is because it is in the interests of the establishment not to.
How so? Surely it would be in the interests of the establishment to prosecute the riff-raff no matter how long after the event it was?
On medical evidence you are still speculating, you don't know anything for sure.
I have never said I do. (Unlike you who quite happily speculates that things you don't know are actually what you would like them to be). I have explained at length how the opinions of the second and third pathologist would inevitably be reliant on some of the findings of the first and, hence, how it would be inevitable that the first would be called and, hence, how the jury would be presented with the disagreement in findings and, hence, would be far less likely to be able to reach a conclusion beyond reasonable doubt.
I may not be a medical expert but I am an expert at putting together the evidence (including medical evidence in cases where pathologists disagree) for a criminal prosecution. Perhaps you would like to share the details of YOUR experience that gives you the confidence to tell me I am talking bollocks.
But I strongly suspect that the conclusion was politically motivated.
Having dealt with the CPS since they were invented I believe that the absolute opposite would be the case - they would have been absolutely thorough in ensuring that if there was a hope of reaching their threshold they would do so. But the fact that it is an administrative decision, made behind closed doors means that people will never believe that and will perceive it as an establishment cover-up ... which is why I suggest we need a Grand Jury style hearing at which such decisions can be tested in open court, with live evidence and cross-examination.
The evidential test is, as you say, very subjective and it also suffers from the fact it is based on paper evidence (i.e. statements) - any investigator will tell you there is a world of difference between a written statement and what a witness eventually says (and, more importantly, how they say it and how it comes across) in Court.
You seriously couldn't make this up. A hand gun and taser feel and look entirely different ...
No, they don't (usually, and at least in the UK, though both come in a wide variety of styles, especially handguns). But who's speculating now? And thanks for using an example from California to demonstrate how shit the UK police are ...