Can you arrest a police officer for an on duty shooting?

[oldunclemark]

Many are calling for the officer in Ferguson to be arrested.

But can you do that and still have a police department.?

He has been suspended but he acted on duty...until all facts are known, he has committed no crime.

Folks speak of the young man being murdered. Legally that's not true.

Is there any past incident where an officer shooting a suspect on duty was immediately arrested. ?

Would the police rank and file stand for that?

Would you arrest the officer and if so, what would you charge him with?

 

[ScienceRocks]

I'd wait until his day in court to do anything. The black community has jumped the shark.

 

[Geaux4it]

Many are calling for the officer in Ferguson to be arrested.

But can you do that and still have a police department.?

He has been suspended but he acted on duty...until all facts are known, he has committed no crime.

Folks speak of the young man being murdered. Legally that's not true.

Is there any past incident where an officer shooting a suspect on duty was immediately arrested. ?

Would the police rank and file stand for that?

Would you arrest the officer and if so, what would you charge him with?

Arrest him for what?

-Geaux

 

[oldunclemark]

I'd wait until his day in court to do anything. The black community has jumped the shark.

I feel bad for the kid who died but I also feel bad for the officer, his relatives and his family.

He may have thought his life was in jeapordy. He has to come to judgement but I don't think you can arrest him for resopondng to a call, getting into a altercation and using his weapon on an unarmed citizen.

 

[Geaux4it]

Wonder is the LEO car has a dash cam?

-Geaux

 

[ScienceRocks]

Wonder is the LEO car has a dash cam?

-Geaux

A dream if that was so. At least we know that the lying friends entire case was made up after last night.

 

[Geaux4it]

A dream if that was so. At least we know that the lying friends entire case was made up after last night.

Yep, no wonder the cop emptied most of his magazine

-Geaux

 

[EverCurious]

No dash cam, not that it would have seen the altercation that started it - though it might answer for how it ended.

If I remember right, FPD says they managed to get some dash cams in their budget, but the install runs about 3k each and they didn't have the funding for that.

 

[Delta4Embassy]

Many are calling for the officer in Ferguson to be arrested.

But can you do that and still have a police department.?

He has been suspended but he acted on duty...until all facts are known, he has committed no crime.

Folks speak of the young man being murdered. Legally that's not true.

Is there any past incident where an officer shooting a suspect on duty was immediately arrested. ?

Would the police rank and file stand for that?

Would you arrest the officer and if so, what would you charge him with?

The officer's actions were completely legal according to Missouri legal statutes. Because the initial reason to stop the two in the street was legally justified (they were breaking the j-walking law) everything that followed was legally justified. And once Mr. Brown slammed the officer's door, or laid hands on him, that's assault, a felony, and from that moment on lethal force was legally justified as well. According to the statutes, the officer was not required to desist because the suspect was unarmed or in retreat.

 

[Delta4Embassy]

I feel bad for the kid who died but I also feel bad for the officer, his relatives and his family.

He may have thought his life was in jeapordy. He has to come to judgement but I don't think you can arrest him for resopondng to a call, getting into a altercation and using his weapon on an unarmed citizen.

I don't feel bad for Mr. Brown at all. Lest we forget, he's on video robbing a convenience store. And as anyone even vaguely familar with the Bible knows God flooded the world because of robbery and violence.

There is no reasonable way to defend, justify, or empathize with Mr. Brown unless you ignore the facts.

 

[Youch]

Many are calling for the officer in Ferguson to be arrested.

But can you do that and still have a police department.?

He has been suspended but he acted on duty...until all facts are known, he has committed no crime.

Folks speak of the young man being murdered. Legally that's not true.

Is there any past incident where an officer shooting a suspect on duty was immediately arrested. ?

Would the police rank and file stand for that?

Would you arrest the officer and if so, what would you charge him with?

Many are calling for the officer in Ferguson to be arrested.

But can you do that and still have a police department.?

He has been suspended but he acted on duty...until all facts are known, he has committed no crime.

Folks speak of the young man being murdered. Legally that's not true.

Is there any past incident where an officer shooting a suspect on duty was immediately arrested. ?

Would the police rank and file stand for that?

Would you arrest the officer and if so, what would you charge him with?

So far, there is ZERO evidence that the officer did anything wrong. On the contrary...and despite the media frenzy that wishes otherwise...

 

[JimH52]

An internal investigation should be occurring, if it has not already happened. If the investigation shows criminal or negligence on the part of the officer, he may be arrested. None of us know enough to make any decisions at this point. The questions I would like answered are:

Was Brown rushing the officer at the time of the shooting? Brown was 6'4" and the cop doesn't appear to be near that size.

Was Brown shot only from the front? Some have asserted he was shot from behind., but we don't know.

Was there evidence of drugs in Brown's system? That could be a big issue if there is a trial.

 

[martybegan]

A police officer can be arrested for a criminal action while on-duty, but usually it has to be either glaringly obvious or the officer has to pose a continuing threat to the public.

 

[Rotagilla]

An internal investigation should be occurring, if it has not already happened. If the investigation shows criminal or negligence on the part of the officer, he may be arrested. None of us know enough to make any decisions at this point. The questions I would like answered are:

Was Brown rushing the officer at the time of the shooting? Brown was 6'4" and the cop doesn't appear to be near that size.

Was Brown shot only from the front? Some have asserted he was shot from behind., but we don't know.

Was there evidence of drugs in Brown's system? That could be a big issue if there is a trial.

He was not shot in the back or "from behind". Baden's autopsy proved that.

Who cares if there were drugs in his system? If you attack a cop you'll die. Drugs or not.

 

[Claudette]

Many are calling for the officer in Ferguson to be arrested.

But can you do that and still have a police department.?

He has been suspended but he acted on duty...until all facts are known, he has committed no crime.

Folks speak of the young man being murdered. Legally that's not true.

Is there any past incident where an officer shooting a suspect on duty was immediately arrested. ?

Would the police rank and file stand for that?

Would you arrest the officer and if so, what would you charge him with?

Of course you can. It would have to go through Internal Affairs and if they find cause then he can be arrested.

 

[Alex.]

No he should not be arrested, he should be on administrative duty pending an investigation into the shooting with no loss of pay/benefits or entitlements.

The following is offered by the Brown family lawyer

"An unarmed black teenager whose killing by a white police officer has set off a week of protests and rioting in Ferguson, Missouri, was struck by at least six bullets, a lawyer for the deceased’s family said on Monday.
The path of one bullet indicates 18-year-old Michael Brown may have been lowering his head in surrender when the fatal shot hit, said Daryl Parks, the family’s lawyer.

Many details surrounding the shooting remain unclear, and federal and local officials have yet to release their own autopsy report"
‘This officer should have been arrested’: Ferguson cop shot Mike Brown 6 times

 

[JimH52]

He was not shot in the back or "from behind". Baden's autopsy proved that.

Who cares if there were drugs in his system? If you attack a cop you'll die. Drugs or not.

Because if he was using a narcotic, that would explain his violent and irrational behavior. It also would add credence to the account that he charged the policeman. If all of the shots were from the front, that very well may have been the case. If I had a drug impaired 6'4' man charging at me, yes I may also use deadly force.

Now, it the accounts that Brown was trying to wrestle the gun away from the policeman are confirmed, the cop might walk...IMHO.

 

[CrusaderFrank]

This is why all Liberals need to be implanted with a tracking chip and monitor

 

[Rotagilla]

Because if he was using a narcotic, that would explain his violent and irrational behavior. It also would add credence to the account that he charged the policeman. If all of the shots were from the front, that very well may have been the case. If I had a drug impaired 6'4' man charging at me, yes I may also use deadly force.

Now, it the accounts that Brown was trying to wrestle the gun away from the policeman are confirmed, the cop might walk...IMHO.

Doesn't matter if he was snorting fairy dust or smoking unicorn horn.....or was stone cold sober... He attacked a cop after committing a robbery and an assault on the store owner...and got killed for his stupidity.

 

[JimH52]

Doesn't matter if he was snorting fairy dust or smoking unicorn horn.....or was stone cold sober... He attacked a cop after committing a robbery and an assault on the store owner...and got killed for his stupidity.

I am saying it will be easier to prove he attached the cop if he is found to have drugs in his system. An eye witness may not be available...or at least one that will tell the truth.