Rayshard Brooks: A justified use of deadly force, explained

[Bootney Lee Farnsworth]

There are alternatives. If other can manage it...why the hell do we fall so fricken short over and over and over?

Because, for some reason, when our citizens decide to resist, they go for broke. They try to kill the people arresting them.

DID YOU WATCH MY VIDEO???

.

Ya. I did.

Are our citizens more likely to go for broke than other citizens when arrested? How do you know? Is that why Floyd was killed?

Floyd is different. I don't see anybody defending that cop. I didn't see Floyd resisting. Did you?

.

 

[Bootney Lee Farnsworth]

Rarely lethal, with a limited range.

But, it does incapacitate a guy who has a fucking gun.

You have yet to address that HUGE problem.

.

Yup...it does. That is why it is a good option, when not abused.

Are you deliberately ignoring the point?

If a cop (who has a lethal weapon) is incapacitated, the suspect can get it (the cop's firearm) and use it on him and others.

Do you really need me to explain?

.

There were two cops. Did you miss that part?

He managed to give those two cops all they could handle, and they were really trying hard not to hurt him.

Did you miss that part?

Did you miss the part where he could still kill them, even if there are two.

DID YOU WATCH THE FUCKING VIDEO I POSTED ABOVE SHOWING YOU HOW FUCKING WRONG YOU FUCKING ARE????

.

You posted the video 7 minutes ago, it is 2 minutes, and your screaming at me wanting to know if I watched it. Fuck off..

Fair enough. Consider me fucked off.


.

 

[Coyote]

There are alternatives. If other can manage it...why the hell do we fall so fricken short over and over and over?

Because, for some reason, when our citizens decide to resist, they go for broke. They try to kill the people arresting them.

DID YOU WATCH MY VIDEO???

.

Ya. I did.

Are our citizens more likely to go for broke than other citizens when arrested? How do you know? Is that why Floyd was killed?

Floyd is different. I don't see anybody defending that cop. I didn't see Floyd resisting. Did you?

.

I thought he did, he panicked at being arrested, isn’t that what the police claimed?

I do see the difference however, I just do not agree that lethal force was needed with Rayshad. That said, I do not think a murder charge is appropriate based on what is presented so far.

 

[Coyote]

Rarely lethal, with a limited range.

But, it does incapacitate a guy who has a fucking gun.

You have yet to address that HUGE problem.

.

Yup...it does. That is why it is a good option, when not abused.

Are you deliberately ignoring the point?

If a cop (who has a lethal weapon) is incapacitated, the suspect can get it (the cop's firearm) and use it on him and others.

Do you really need me to explain?

.

There were two cops. Did you miss that part?

He managed to give those two cops all they could handle, and they were really trying hard not to hurt him.

Did you miss that part?

Did you miss the part where he could still kill them, even if there are two.

DID YOU WATCH THE FUCKING VIDEO I POSTED ABOVE SHOWING YOU HOW FUCKING WRONG YOU FUCKING ARE????

.

You posted the video 7 minutes ago, it is 2 minutes, and your screaming at me wanting to know if I watched it. Fuck off..

Fair enough. Consider me fucked off.


.

 

[Jitss617]

This is how you get shot in the back

 

[TemplarKormac]

Anyone?

Anyone??

Hello, is this thing on? Did my internet go out?

He was shot in the back. Running away.

He was shot in the back running away . . . and firing a weapon at the cop behind him.

That last part is sorta important.

Rarely lethal, with a limited range. They could have opted not to shoot him but follow at a distance or pick him up later with reinforcements. He was drunk.

Wrong....the DA who held the press conference stated two weeks ago that the taser is a deadly weapon........ he changed his tune to charge these officers.

Why is it “wrong”? Who determines that? That one DA?

According to the DA, Georgia law sets that standard.

 

[Coyote]

Anyone?

Anyone??

Hello, is this thing on? Did my internet go out?

He was shot in the back. Running away.

He was shot in the back running away . . . and firing a weapon at the cop behind him.

That last part is sorta important.

Rarely lethal, with a limited range. They could have opted not to shoot him but follow at a distance or pick him up later with reinforcements. He was drunk.

Wrong....the DA who held the press conference stated two weeks ago that the taser is a deadly weapon........ he changed his tune to charge these officers.

Why is it “wrong”? Who determines that? That one DA?

According to the DA, Georgia law sets that standard.

Informative...

 

[TemplarKormac]

Anyone?

Anyone??

Hello, is this thing on? Did my internet go out?

He was shot in the back. Running away.

That does not make a point.

All it does is stir emotion. It does not present any facts, Coyote.

It states a fact.

Some more facts that were not acknowledged: A taser is not lethal. They had his wallet and driver’s license, and car.

The officer kicked him as he lay dying.

They delayed medical help.

For most of the encounter (41 something minutes) Rayshard was calm, reasonable, offered to walk home (per recorded footage).

Your question is really contingent on another: could this have been handled differently in a way that kept everyone safe, and prevented any deaths?

Your so-called facts rebutted:

A Taser doesn't have to be lethal; it just has to incapacitate the officer, who has lethal weapons on him, and would be helpless to defend against a lethal unarmed attack at that point.

What the fuck difference does it make if they had his wallet, ID, car, or his fucking deed to his house?

Can you tell me the exact moment in any of the videos from which you got this "the officer kicked him" schtick? There were something like 14 or 15 videos made of this incident, y'know. Should be easy to prove.

Who cares if he was "calm and reasonable" for 41 minutes, or 41 hours, prior to attacking the cops? People are generally peaceful right up until the moment they become violent. What the actual fuck?

So he is so violent he is running away and the only alternative is to shoot him?

You can engage in violence while running away. You can be a danger right up until the point you decide to actually break off the fight. Brooks chose to keep fighting right up until the very moment he was killed.

 

[TemplarKormac]

Anyone?

Anyone??

Hello, is this thing on? Did my internet go out?

He was shot in the back. Running away.

He was shot in the back running away . . . and firing a weapon at the cop behind him.

That last part is sorta important.

Rarely lethal, with a limited range. They could have opted not to shoot him but follow at a distance or pick him up later with reinforcements. He was drunk.

Wrong....the DA who held the press conference stated two weeks ago that the taser is a deadly weapon........ he changed his tune to charge these officers.

Why is it “wrong”? Who determines that? That one DA?

According to the DA, Georgia law sets that standard.

Informative...

Something tells me a visit to the feedback forum is in your future

 

[Jitss617]

Anyone?

Anyone??

Hello, is this thing on? Did my internet go out?

He was shot in the back. Running away.

He was shot in the back running away . . . and firing a weapon at the cop behind him.

That last part is sorta important.

Rarely lethal, with a limited range. They could have opted not to shoot him but follow at a distance or pick him up later with reinforcements. He was drunk.

Wrong....the DA who held the press conference stated two weeks ago that the taser is a deadly weapon........ he changed his tune to charge these officers.

Why is it “wrong”? Who determines that? That one DA?

According to the DA, Georgia law sets that standard.

Informative...

Are you defending this Banana republic DA? One weeks it’s deadly the next it’s not because of race? Seriously

 

[Coyote]

Anyone?

Anyone??

Hello, is this thing on? Did my internet go out?

He was shot in the back. Running away.

He was shot in the back running away . . . and firing a weapon at the cop behind him.

That last part is sorta important.

Rarely lethal, with a limited range. They could have opted not to shoot him but follow at a distance or pick him up later with reinforcements. He was drunk.

Wrong....the DA who held the press conference stated two weeks ago that the taser is a deadly weapon........ he changed his tune to charge these officers.

Why is it “wrong”? Who determines that? That one DA?

According to the DA, Georgia law sets that standard.

Informative...

Something tells me a visit to the feedback forum is in your future

We have been trying....we are not happy with the button choices

 

[RealDave]

So, to get to the final moments of Mr. Brook's life, we had the following course of events:

1. He was release from prison after having been convicted of felony beating the fuck out of his children.
2. He drank like a goddamn fish, most certainly in violation of his early (unjustified) parole.
3. He got behind the wheel of a car while pass-out drunk, and blocked to drive thru of a Wendy's.
4. After being fairly and respectfully treated by officers, who then attempted to make a necessary and lawful arrest, he starts fighting with cops.
5. He is literally on top of one cop, beating him like he did his own kids in the past.
6. He grabs for any lethal weapon he can get his hands on (thank god it was not the service piece).
7. He attempts to use said firearm (as legally defined) against the police while attempting to flee.

but.....FUCK ALL THAT SHIT!!!!

The POLICE caused this shit!!! EXECUTE THEM!!!



You can't make up a fucking story that is any funnier, and simultaneously sadder, than this bullshit already is.

.

Police are supposed to be trained to handle these situations.

The man is drunk. Why he fuck do you assholes think he is supposed to a rationally?

If he got away, they know who he is and where he lives.

 

[Jitss617]

So, to get to the final moments of Mr. Brook's life, we had the following course of events:

1. He was release from prison after having been convicted of felony beating the fuck out of his children.
2. He drank like a goddamn fish, most certainly in violation of his early (unjustified) parole.
3. He got behind the wheel of a car while pass-out drunk, and blocked to drive thru of a Wendy's.
4. After being fairly and respectfully treated by officers, who then attempted to make a necessary and lawful arrest, he starts fighting with cops.
5. He is literally on top of one cop, beating him like he did his own kids in the past.
6. He grabs for any lethal weapon he can get his hands on (thank god it was not the service piece).
7. He attempts to use said firearm (as legally defined) against the police while attempting to flee.

but.....FUCK ALL THAT SHIT!!!!

The POLICE caused this shit!!! EXECUTE THEM!!!



You can't make up a fucking story that is any funnier, and simultaneously sadder, than this bullshit already is.

.

Police are supposed to be trained to handle these situations.

The man is drunk. Why he fuck do you assholes think he is supposed to a rationally?

If he got away, they know who he is and where he lives.

He shot at the cop

 

[Dr Grump]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

From your initial post (my bold):
(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.

He'd dropped the taser by the time he was shot. Second, Georgia needs to amend the law and make sure a taser is not under the description of being a deadly weapon. It is far from deadly. In fact, the very reason LEOs carry a taser is for it's non-lethal qualities. Kinda contradiction to have a non-lethal option at your disposal, then name it a deadly weapon in legislation.

 

[NewsVine_Mariyam]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

Well you failed with your first assertion BECAUSE the penalty for not a single one of the offenses you painstakingly laid out is summary execution. DEATH for an offense is only allowable as punishment for a crime after the defendant is afforded due process and is convicted and sentenced to death.

A police officer at the scene is not authorized to be judge, jury and executioner. What's even more important though which is at issue in this and in many other of these killings is that deadly force is allowed by law only when faced when an imminent (meaning happening RIGHT NOW) threat of grievous (serious as in life threatening) bodily harm or death. This is the legal standard for everyone, police and civilian alike and a person running away/trying to escape from you is no longer considered a threat.

 

[TemplarKormac]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

From your initial post (my bold):
(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.

He'd dropped the taser by the time he was shot. Second, Georgia needs to amend the law and make sure a taser is not under the description of being a deadly weapon. It is far from deadly. In fact, the very reason LEOs carry a taser is for it's non-lethal qualities. Kinda contradiction to have a non-lethal option at your disposal, then name it a deadly weapon in legislation.

He had already attempted to cause serious bodily injury to Rolfe by firing a taser at him. By that time, Brooks had begun to flee with a partially loaded (but no less dangerous) taser in his hand. He was brought down to end any threat would have presented to other people in the area.

 

[NewsVine_Mariyam]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

 

[NewsVine_Mariyam]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

Cops do not have the permission to shoot a person that is not a direct threat to them or to another person in the immediate area.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

Self defense never comes into play in this scenario.

 

[TemplarKormac]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

Well you failed with your first assertion BECAUSE the penalty for not a single one of the offenses you painstakingly laid out is summary execution. DEATH for an offense is only allowable as punishment for a crime after the defendant is afforded due process and is convicted and sentenced to death.

A police officer at the scene is not authorized to be judge, jury and executioner. What's even more important though which is at issue in this and in many other of these killings is that deadly force is allowed by law only when faced when an imminent (meaning happening RIGHT NOW) threat of grievous (serious as in life threatening) bodily harm or death. This is the legal standard for everyone, police and civilian alike and a person running away/trying to escape from you is no longer considered a threat.

That is an overtly emotional argument. When you turn around and fire a weapon at a police officer while allegedly trying to flee, you are not trying to escape, you're presenting yourself as the aggressor. End of story, end of discussion.

What Rolfe did was one of those "right now" moments.

 

[TemplarKormac]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

See post 34