When a motion for direct­ed ver­dict is made by the defense, the evi­dence must be con­sid­ered in the light most favor­able to the pros­e­cu­tion,” [University of Illinois Director of Trial Advocacy J. Steven] Beckett points out. “What the judge did here appears to be just the oppo­site!” (University of Illinois law pro­fes­sor Marareth) Etienne points out sev­er­al adverse con­se­quences that would result if Porter’s under­stand­ing of the law pre­vailed. A defen­dant charged with invol­un­tary manslaugh­ter could get on the stand and make the very argu­ment Porter now makes: I am not guilty of a crime of reck­less­ness because I did this on pur­pose. “And by the way my tri­al has start­ed so dou­ble jeop­ardy. You can’t go back and charge me with an inten­tion­al killing.” Double jeop­ardy is the con­sti­tu­tion­al notion that an indi­vid­ual can’t be charged twice for the same offense, and legal experts seemed to agree that dou­ble jeop­ardy means Porter’s rul­ing can’t be appealed, and that pros­e­cu­tors from the same juris­dic­tion can’t file charges a sec­ond time around.

Even if Servin is in the clear legal­ly, and it appears that he is, the absence of a con­vic­tion is not the same as the absence of cul­pa­bil­i­ty. Servin’s reck­less­ness, irre­spec­tive of how that word can by lawyered into mean­ing some­thing else, led to the death of a per­son who was pos­ing no rea­son­able threat to Servin. Servin was dri­ving the wrong way down a one way street after get­ting into an off-duty alter­ca­tion when he fired over his shoul­der and behind him­self as if he were re-enact­ing a cop movie.

Now that a judge has let him off on what’s com­mon­ly called a “tech­ni­cal­i­ty,” Servin wants his job back. More specif­i­cal­ly, he’s had a pay­ing police job since being charged with invol­un­tary manslaugh­ter. He’s been on desk duty and wants his gun and his uni­form and the priv­i­lege once more that comes with those things to wan­der Chicago’s streets. It’s a wide­spread atti­tude that costs the city about $1 mil­lion a week.Judge Dismisses Involuntary Manslaughter Charge Against Cop, Says He Should’ve Been Charged With Murder Instead, Lets Him Go Free