The DOJ wants to take the decision out of the hands of the jury and rig the game in their favor. Moreover, in the brief they claim that setting off fireworks and minor property damage warranted the escalation to deadly force by the police. This argument is a new low for an already egregiously overreaching prosecution.

If the judge grants the bogus motion, it will take away a decision that should be up to the jury and erode the Prairieland Defendants’ right to a fair trial even further.