检方提议缓刑 梁彼得可望免坐牢(图)

世界日报纽约记者报道:被定罪二级过失杀害非洲裔青年格利(Akai Gurley)的前华裔警员梁彼得(Peter Liang),有望不用坐牢。布碌崙地区检察官汤普森(Ken Thompson)23日宣布,已向主审法官Danny Chun提交从轻判决的量刑建议—缓刑五年、戴电子追踪器接受六个月居家监管,以及500小时社区服务。不过梁彼得的上诉律师随即表示,不管最终如何量刑,都会上诉到底。

汤普森检察官表示,虽然梁彼得因疏忽杀死无辜民众而被定罪,但没有任何证据显示梁彼得有杀人或伤害受害人的意图,当他进入桉发楼宇展开垂直巡逻的时候,他是在执行保护布碌崙民众和城市安全的工作。

汤普森说,量刑时必须合理公正地考量多种因素,包括梁彼得从来没有犯罪纪录、未来也不对社会有安全威胁,基于这种特殊情况,判决梁彼得入狱监禁是没有必要的,因此建议从轻判决。汤普森说,这起桉件对当事双方来说没有赢家,司法的目的也不是为了复仇。

非洲裔青年格利家属得知检方建议轻判后,发表声明强烈不满愤怒。宣判当天当出庭抗议,坚持梁彼得一定要坐牢。

纽约市前警员梁彼得在2014年11月与同僚巡逻纽约市政府楼楼层时,因为受惊吓而开枪,子弹反弹,致使在下层楼的非洲裔青年格利遭击中,伤重而死。布碌崙检方随即经大陪审团同意起诉梁彼得,引发华人社区不满,认为检方受种族压力,选择性起诉,在2月20日发起全美大示威,表示不公。陪审团在2月11日宣判梁彼得二级过失杀人及渎职有罪,法官预定4月14日宣判梁彼得刑期。最高刑期可到15年。

汤普森的量刑建议获得梁彼得上诉律师和辩护律师的称讚,认为在定罪后组织了超万人大示威并发起连署求情运动的华人社区,对汤普森作出如此量刑的建议功不可没。但律师也指出,即使最后的判决和此次的量刑建议一致,也还是会代表梁彼得坚决上诉到底。

担任梁彼得上诉律师的施特曼(Paul Shechtman)和Gabriel Chin在量刑建议出炉后随即发表联合声明,称他们坚信梁彼得的清白,梁彼得桉发当晚也只是为了保护政府楼内的居民,桉件本身是一场意外、而非犯罪。

声明还说,检方在之前的审判上取得了胜利,但胜利的一方却认为梁彼得无需入狱,这是汤普森量刑建议的特殊所在。虽然他们并不认同汤普森所持的梁彼得有罪的基本观点,但量刑建议本身是汤普森一个公平、勇敢的决定,值得称讚。不过,无论法官最终是否会按量刑建议宣判,他们都将为梁彼得继续上诉。

梁彼得的辩护律师罗佰能(Robert Brown)23日对量刑建议感到满意,认为这是此桉进程中的重要一步,且是华人社区坚持不懈的共同努力,促汤普森就此桉这般建议量刑,接下来则是要看法官怎麽判。另一位辩护律师柯西芝(Rae Downes Koshetz)也称,很高兴听到汤普森这样的量刑建议,期待梁彼得在量刑当天能有个最好的结果。许多华人社区支持梁彼得,也发动捐款,支持上诉。

Brooklyn District Attorney Kenneth Thompson, left, and Assistant District Attorney Joseph Alexis leave the courtroom during a break in the closing arguments in the trial of New York City Police Officer Peter Liang, Tuesday, Feb. 9, 2016, at Brooklyn Supreme court in New York. The rookie police officer who shot an unarmed man in a dark public housing stairwell says what happened was a deadly accident. Prosecutors call it manslaughter and say he acted recklessly and then did little to help the dying man. (AP Photo/Mary Altaffer)
Brooklyn District Attorney Kenneth Thompson, left, and Assistant District Attorney Joseph Alexis leave the courtroom during a break in the closing arguments in the trial of New York City Police Officer Peter Liang, Tuesday, Feb. 9, 2016, at Brooklyn Supreme court in New York. The rookie police officer who shot an unarmed man in a dark public housing stairwell says what happened was a deadly accident. Prosecutors call it manslaughter and say he acted recklessly and then did little to help the dying man. (AP Photo/Mary Altaffer)

布碌崙检察官汤普森(左)向法官提议判处梁彼得缓刑。(美联社)

Police officer Peter Liang, second from left, sits with his legal team while waiting for charges to be read back to the jury in his trial on charges in the shooting death of Akai Gurley, Thursday, Feb. 11, 2016 at Brooklyn Supreme court in New York in New York. (AP Photo/Mary Altaffer, Pool)
Police officer Peter Liang, second from left, sits with his legal team while waiting for charges to be read back to the jury in his trial on charges in the shooting death of Akai Gurley, Thursday, Feb. 11, 2016 at Brooklyn Supreme court in New York in New York. (AP Photo/Mary Altaffer, Pool)

梁彼得(左二)有望获得免入狱的量刑。(美联社)

FILE - In this Feb. 11, 2016 file photo, police officer Peter Liang reacts by bowing his head as the verdict is read during his trial on charges in the shooting death of Akai Gurley, Thursday, at Brooklyn Supreme court in New York in New York. When 10,000 mostly Chinese-Americans took to the streets in support of Liang, after he was convicted of firing a stray shot that killed an innocent man, it was an unexpected outpouring of activism from an often-marginalized political community. Many who attended the New York rally and helped organize smaller demonstrations across the country say they were driven to act by a manslaughter verdict they viewed as scapegoating. But the case has also sown discomfort among some members of the community, who say Liang is unworthy of such a stand. (AP Photo/Mary Altaffer, Pool, File)
FILE – In this Feb. 11, 2016 file photo, police officer Peter Liang reacts by bowing his head as the verdict is read during his trial on charges in the shooting death of Akai Gurley, Thursday, at Brooklyn Supreme court in New York in New York. When 10,000 mostly Chinese-Americans took to the streets in support of Liang, after he was convicted of firing a stray shot that killed an innocent man, it was an unexpected outpouring of activism from an often-marginalized political community. Many who attended the New York rally and helped organize smaller demonstrations across the country say they were driven to act by a manslaughter verdict they viewed as scapegoating. But the case has also sown discomfort among some members of the community, who say Liang is unworthy of such a stand. (AP Photo/Mary Altaffer, Pool, File)

纽约市布碌崙检方23日表示,将要求法官对被陪审团定罪的前警员梁彼得从轻量刑。图为陪审团2月11日,裁定梁彼得罪名成立。(美联社)

Judge Danny Chun reads the backs the charges against police officer Peter Liang in the shooting death of Akai Gurley, Thursday, Feb. 11, 2016 at Brooklyn Supreme court in New York in New York. (AP Photo/Mary Altaffer, Pool)
Judge Danny Chun reads the backs the charges against police officer Peter Liang in the shooting death of Akai Gurley, Thursday, Feb. 11, 2016 at Brooklyn Supreme court in New York in New York. (AP Photo/Mary Altaffer, Pool)

纽约市布碌崙州法官韩裔Dany Chun将在4月宣判梁彼得刑期。(美联社)

FILE - In this Feb. 20, 2016 file photo, protesters attend a rally in the Brooklyn borough of New York in support of former NYPD police officer Peter Liang, who was convicted of manslaughter for the 2014 shooting death of Akai Gurley, in a housing project stairwell. When Chinese-Americans took to the streets in support of Liang, it was an unexpected outpouring of activism from an often-marginalized political community. Many demonstrations across the country say they were driven to act by a manslaughter verdict they viewed as scapegoating. But the case has also sown discomfort among some members of the community, who say Liang is unworthy of such a stand. (AP Photo/Craig Ruttle, File)
FILE – In this Feb. 20, 2016 file photo, protesters attend a rally in the Brooklyn borough of New York in support of former NYPD police officer Peter Liang, who was convicted of manslaughter for the 2014 shooting death of Akai Gurley, in a housing project stairwell. When Chinese-Americans took to the streets in support of Liang, it was an unexpected outpouring of activism from an often-marginalized political community. Many demonstrations across the country say they were driven to act by a manslaughter verdict they viewed as scapegoating. But the case has also sown discomfort among some members of the community, who say Liang is unworthy of such a stand. (AP Photo/Craig Ruttle, File)

今年2月20日上万华人在全美抗议,认为前警员梁彼得遭到司法不公平对待。图为在纽约市示威抗议的华人。(美联社)

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布碌崙地方检察官汤普森23日表示,将请求法官从宽量刑被定罪的前警员梁彼得。(布碌崙检方办公室)

FILE - In a Tuesday, Feb. 9, 2016 file photo, Police officer Peter Liang, center, exits the courtroom during a break in closing arguments in his trial on charges in the shooting death of Akai Gurley, , at Brooklyn Supreme court in New York. Brooklyn District Attorney Kenneth Thompson said Wednesday, March 23, 2016, that he has recommended that Liang serve no time behind bars. Liang was convicted of a manslaughter charge in February after the 2014 shooting death of Akai Gurley. The rookie officer was dismissed following the verdict. (AP Photo/Mary Altaffer, File)
FILE – In a Tuesday, Feb. 9, 2016 file photo, Police officer Peter Liang, center, exits the courtroom during a break in closing arguments in his trial on charges in the shooting death of Akai Gurley, , at Brooklyn Supreme court in New York. Brooklyn District Attorney Kenneth Thompson said Wednesday, March 23, 2016, that he has recommended that Liang serve no time behind bars. Liang was convicted of a manslaughter charge in February after the 2014 shooting death of Akai Gurley. The rookie officer was dismissed following the verdict. (AP Photo/Mary Altaffer, File)

纽约市布碌崙检方23日表示,将要求法官对被陪审团定罪的前警员梁彼得从轻量刑。图为梁彼得2月9日出庭。(美联社)

(世界日报纽约版报道)