Updates on Initially Open, Unsolved, Unresolved Matters
In cases that involve suspects, or protection of suspects among other reasons, in some cases name of suspects withheld
| Inital story, date, summary of key points and issues | What developments have occurred if any; date | Developments; date |
|---|---|---|
| S. Sudan UN Diplomat accused of assault in NY, let off (pro tem) by police due to diplomatic immunity Event Sunday Aug 21, 2022; HCN news story written Aug 23, 2022 https://www.hcrestnews.com/index/south-sudan-embassy-just-got-a-bad-rep-a-really-bad-rep-assault-story-in-new-york-a-discussion-about-diplomatic-immunity- |
(Reference S. Sudan UN Diplomat accused of assault in NY...) Is there a UN penal code that can be applied, will it, and when? Can the suspect be rearrested and detained until charges officially debated, or taken to court? August 24, 2022 There are some courses of actions that can be taken as set forth by the State Department, here are some excerpts with boldface to provide a general framework: The term diplomatic immunity is popularly, and erroneously, understood to refer to special protections afforded all employees of foreign governments who are present in the United States as official representatives of their home governments. (Per State Department's Guide to Law Enforcement on Diplomatic and Consular Immunity). It should be emphasized that even at its highest level, diplomatic immunity does not exempt diplomatic officers from the obligation of conforming with national and local laws and regulations. Diplomatic immunity is not intended to serve as a license for persons to flout the law and purposely avoid liability for their actions. The purpose of these privileges and immunities is not to benefit individuals but to ensure the efficient and effective performance of their official missions on behalf of their governments. This is a crucial point for law enforcement officers to understand in their dealings with foreign diplomatic and consular personnel. While police officers are obliged, under international customary and treaty law, to recognize the immunity of the envoy, they must not ignore or condone the commission of crimes. As is explained in greater detail below, adherence to police procedures in such cases is often essential in order for the United States to formulate appropriate measures through diplomatic channels to deal with such offenders. Diplomatic agents enjoy the highest degree of privileges and immunities. They enjoy complete personal inviolability, which means that they may not be handcuffed (except in extraordinary circumstances), arrested, or detained; and neither their property (including vehicles) nor residences may be entered or searched. Diplomatic agents also enjoy complete immunity from the criminal jurisdiction of the host country’s courts and thus cannot be prosecuted no matter how serious the offense unless their immunity is waived by the sending state (see the following discussion). Waivers Always keep in mind that privileges and immunities are extended from one country to another in order to permit their respective representatives to perform their duties effectively; in a sense, it may be said the sending countries “own” these privileges and immunities. Therefore, while the individual enjoying such immunities may not waive them, the sending states can, and do. Police authorities should never address the alleged commission of a crime by a person enjoying full criminal immunity with the belief that there is no possibility that a prosecution could result. The U.S. Department of State requests waivers of immunity in every case where the prosecutor advises that, but for the immunity, charges would be pursued. In serious cases, if a waiver is refused, the offender will be expelled from the United States and the U.S. Department of State will request that a warrant be issued and appropriate entries to the National Crime Information Center (NCIC) database be made by the responsible jurisdiction. The seeking of waiver of immunity is handled entirely via diplomatic channels, but effective and informed police work becomes the basis of the prosecutor’s decision and the foundation for the U.S. Department of State’s waiver requests and any subsequent prosecutions or expulsions. Correct Understanding of Immunity Frequently (and erroneously), immunity is understood to mean pardon, total exoneration, or total release from the responsibility to comply with the law. In actuality, immunity is simply a legal barrier which precludes U.S. courts from exercising jurisdiction over cases against persons who enjoy it and in no way releases such persons from the duty, embodied in international law, to respect the laws and regulations of the United States. Waiver of Immunity Diplomatic and consular immunity are not intended to benefit the individual; they are intended to benefit the mission of the foreign government or international organization. Thus an individual does not “own” his or her immunity and it may be waived, in whole or in part, by the mission member’s government. The U.S. Department of State will request a waiver of immunity in every case in which the prosecutor advises that he or she would prosecute but for immunity. The U.S. Department of State’s ability to secure such waiver may depend to a large degree on the strength (and documentation) of the case at issue. Similarly, it is of little avail for the U.S. Department of State to secure a waiver of immunity in a particular case, if the case has not been developed with sufficient care and completeness to permit a successful subsequent prosecution. Proper documentation and reporting by law enforcement authorities play a critical role in both of these respects. Expulsion Procedure The criminal immunity that foreign diplomatic and some consular personnel enjoy protects them from the normal jurisdiction of the courts with respect to alleged criminal activity. However, in those instances in which a person with immunity is believed to have committed a serious offense (any felony or crime of violence) and the sending country has not acceded to the U.S. Department of State’s request for a waiver of immunity, it is the Department’s policy to require the departure of that individual from the United States. Requiring the departure of a person who enjoys immunity is an extreme diplomatic tool, and it is used only after the most careful consideration to ensure that the United States is not perceived as having acted in an arbitrary, capricious, or prejudiced manner. A high standard of police investigation, records, and reporting in diplomatic incident cases is therefore essential to permit the Department to make the appropriate decision. |
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| Little Saigon, Oakland, CA dentist killer/robber; event Sunday afternoon Aug 21, 2022; HCN story written 8/23/2022 | Has the killer, any accomplices, car used in the crime been found? August 24, 2022 | |
| Car to car shootings on 295/ Baltimore Washington Parkway; Mid July 2022; HCN story: https://www.hcrestnews.com/united-states-of-america/car-to-car-shootings-reemerged-as-serious-concern | Have suspects been caught? Have increased measures such as cameras been installed in the area? 8/24/2022 | |
| Did the suspects that attaked the fireman on 200 block of 37th Street in DC get caught? Initial event August 2017; https://www.hcrestnews.com/washington-dc-metropolitan-area-news/fireman-jumped-this-does-not-go-on- | ||
| Who was the driver in the vehicle that plowed into the crowd at the Gallup Celebration in starting days of August 2022, and what was it about? https://www.hcrestnews.com/encompassed-and-global/aggression-witnessed-with-vehicle-at-gallup-celebration-parade |
As of August 5th, stories started to emerge online that a 33 year old driver that was intoxicated, later charged with DWI, was actually attempted to be stopped before the plowing leg unfolded. Personally, I am not satisfied with just a simple DWI and that is the end; even if you were so drun you were almost nothing but a bottl of alcohol, youstill have nough mind/brain/conscience matter to realize that pushin down on the accelerator of the vehicle needs to wait until another time, certainly when hundreds are on the street you are driving down; plus specific individuals that had stature in the event seemed to be targeted. Question remains 8/24/22, what was the plow through about? Is the driver akin either near or far from attendees of the parade, and if so is the suspect off the hook for a hate crime? Questions are still up, not all hate crimes are done on simple basis, suspect one ethnic group, victims the other; when money gets involved, persons of the exact same group my turn on his or her people for a quick boost of reward, like money, drugs, or power. What was the event about? | |
| https://www.hcrestnews.com/serious-incident-criminal-and-homicide-tracker/too-far-to-let-go-incidents-in-new-orleans-baltimore-at-least New Orleans elderly woman dragged incident |
Has suspect been caught..? News reports say that as of the last week of March 2022, 4 teenage suspects were appehended |
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