Rayshard Brooks: A justified use of deadly force, explained

[Cecilie1200]

You are mandating that a Tazer is a Firearm and thus Rolfe could shoot him in the back running away

Because the law backs my assertions.


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.

Begone with you.

You're starting to sound like me. Next you'll be flushing people.

 

[petro]

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.

not a capital crime

Nice attempt at reframing, but this is not "capital punishment", when the state decides with cold logic and deliberation to execute someone. This is self-defense, when you make an armed individual feel that you are a danger to him.

When is someone e is running away how is it self defense?

Eh?

How can you say it is self defense when the person is running away from you?

I thought we covered that ad nauseum:

1. An arrestee is struggling with you on the ground. Adrenaline is flowing high. He starts reaching for the weapons on your belt pack. You are now in a life and death situation.
2. The guy gets loose with your taser, a serious weapon that can disable you allowing him to take your service revolver as well and turn it against you. He is desperate.
3. He turns and points it at you, tries to use it. Your life is now on the line and your police training kicks in to shoot back in self defense.

This all happens in a split second. Between the time you respond and fire, he's missed and has turned to flee, but the directive to initiate deadly force has already been set into motion. Your brain has sent the signal that your life is being threatened. In an ideal world with us all sitting around in our sofas analyzing this, it is easy to say that in the last instant, the cop could have stopped and initiated pursuit instead, but the guy has already shown a willingness to try to kill a cop to get away, and for all you know, has another weapon on him and in another few steps could try to use that too.

Many in a few seconds, he will commandeer another car nearby, put someone else's life at risk, maybe a mother with two young children, and use it to try to get away.

BOTTOM LINE: If you don't want to get shot by police:

• DON'T RESIST ARREST.
• DON'T STRUGGLE WITH THE POLICE FIGHTING THEM ON THE GROUND.
• DON'T TAKE THEIR WEAPON, GET UP, POINT IT AT THEM AND TRY TO USE IT.

Every cop in Atlanta ought to call off and refuse to work again until this man is cleared, set free and allowed to return to work. As I said before, I might have just let him park and walk home, but the criminal is out to get you and if your own employer doesn't even have your back either and is willing to throw you under the bus too out of politics, then WHAT IS THE POINT?

Had this happened a year ago, there would be NO QUESTION this officer acted justly.

Way too much common sense in that post. Will go right over their ignorant heads.

 

[RealDave]

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)

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.

The officer's life was not in danger.

Everyone's life was in danger the minute he got in a 3000lb deadly weapon and drove drunk.
Would be a whole different story if the cops didn't interfere and he killed someone on the road.
Folks like you are too stupid to be sharing oxygen with the rest of humanity.

So, let's kill drunk drivers. Greart reasoning.

 

[RealDave]

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.

not a capital crime

Nice attempt at reframing, but this is not "capital punishment", when the state decides with cold logic and deliberation to execute someone. This is self-defense, when you make an armed individual feel that you are a danger to him.

When is someone e is running away how is it self defense?

Eh?

How can you say it is self defense when the person is running away from you?

I thought we covered that ad nauseum:

1. An arrestee is struggling with you on the ground. Adrenaline is flowing high. He starts reaching for the weapons on your belt pack. You are now in a life and death situation.
2. The guy gets loose with your taser, a serious weapon that can disable you allowing him to take your service revolver as well and turn it against you. He is desperate.
3. He turns and points it at you, tries to use it. Your life is now on the line and your police training kicks in to shoot back in self defense.

This all happens in a split second. Between the time you respond and fire, he's missed and has turned to flee, but the directive to initiate deadly force has already been set into motion. Your brain has sent the signal that your life is being threatened. You are on pure instinct now. In an ideal world with us all sitting around in our sofas analyzing this, it is easy to say that in the last instant, the cop could have stopped and initiated pursuit instead, but the guy has already shown a willingness to try to kill a cop to get away, and for all you know, has another weapon on him and in another few steps could try to use that too.

Maybe in a few seconds, he will commandeer another car nearby, put someone else's life at risk, maybe a mother with two young children, and use it to try to get away.

BOTTOM LINE: If you don't want to get shot by police:

• DON'T RESIST ARREST.
• DON'T STRUGGLE WITH THE POLICE FIGHTING THEM ON THE GROUND.
• DON'T TAKE THEIR WEAPON, GET UP, POINT IT AT THEM AND TRY TO USE IT.

Every cop in Atlanta ought to call off and refuse to work again until this man is cleared, set free and allowed to return to work. As I said before, I might have just let him park and walk home, but the criminal is out to get you and if your own employer doesn't even have your back either and is willing to throw you under the bus too out of politics, then WHAT IS THE POINT?

Had this happened a year ago, there would be NO QUESTION this officer acted justly.

If they are too fucking stupid to recognize the problem let alone do nothing about it, I say good riddence.

 

[Bootney Lee Farnsworth]

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.

.

 

[TemplarKormac]

You are mandating that a Tazer is a Firearm and thus Rolfe could shoot him in the back running away

Because the law backs my assertions.


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.

Begone with you.

You're starting to sound like me. Next you'll be flushing people.

Some of my direct prose comes from watching you debate with other people on this board.

 

[Bootney Lee Farnsworth]

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)

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.

The officer's life was not in danger.

Everyone's life was in danger the minute he got in a 3000lb deadly weapon and drove drunk.
Would be a whole different story if the cops didn't interfere and he killed someone on the road.
Folks like you are too stupid to be sharing oxygen with the rest of humanity.

So, let's kill drunk drivers. Greart reasoning.

I am gonna post it again, JUST FOR YOU, Mensa:

The series 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!!! They EXECUTED HIM FOR DRUNK DRIVING!!!



.

 

[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)

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.

The officer's life was not in danger.

Everyone's life was in danger the minute he got in a 3000lb deadly weapon and drove drunk.
Would be a whole different story if the cops didn't interfere and he killed someone on the road.
Folks like you are too stupid to be sharing oxygen with the rest of humanity.

So, let's kill drunk drivers. Greart reasoning.

Oh God. Just. No.

 

[Cecilie1200]

You are mandating that a Tazer is a Firearm and thus Rolfe could shoot him in the back running away

Because the law backs my assertions.


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.

Begone with you.

He was running away with a spent tazer gun... The tazer gun is effectively a piece of plastic, the officer was trained to know this as he was trained in how to use it...

Are Georgia Police saying that a tazer can cause serious bodily injury?

Pretty sure they're saying that if the Tazer hits them, it incapacitates them and gives the assailant access to their other weapons and to do them fatal harm. Moron. That's the whole point of a Tazer: to incapacitate the target.

 

[Bootney Lee Farnsworth]

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)

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.

The officer's life was not in danger.

Everyone's life was in danger the minute he got in a 3000lb deadly weapon and drove drunk.
Would be a whole different story if the cops didn't interfere and he killed someone on the road.
Folks like you are too stupid to be sharing oxygen with the rest of humanity.

So, let's kill drunk drivers. Greart reasoning.

Oh God. Just. No.

I know, right? Literally too stupid to insult.

.

 

[TemplarKormac]

You are mandating that a Tazer is a Firearm and thus Rolfe could shoot him in the back running away

Because the law backs my assertions.


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.

Begone with you.

You're starting to sound like me. Next you'll be flushing people.

I flushed about six of them earlier this morning. You could almost see their red faces.

 

[Cecilie1200]

And this is the same Police Dept.... These are now all subject to attempted murder... Careful where you go here...

Furthermore, the taser appears to have been fired once, not twice, meaning he was an ACTIVE threat.

I love how you just tried to spin the argument around on me. Are you that desperate?

Am I misunderstanding this? God knows, I haven't had time to sit and watch every video available of this incident frame-by-frame, Zapruder-style, the way some people claim to have done.

I'm not sure where some of these people are getting "It had already been fired, the cop knew he couldn't fire again" from. As I'm understanding it, Brooks and the two cops, Rolfe and Brosnan, were struggling on the ground. Rolfe tried to Tase Brooks and said later it seemed to have no effect. Brooks grabbed Brosnan's Taser, and ran. Rolfe chased him, Brooks twisted around to fire Brosnan's Taser at Rolfe, at which point Rolfe drew his gun and shot him, apparently within a second or two of Brooks firing the Taser.

Am I missing something, or is that essentially correct? And if it's correct, what are these people in here babbling about?

 

[Cecilie1200]

And this is the same Police Dept.... These are now all subject to attempted murder... Careful where you go here...

Furthermore, the taser appears to have been fired once, not twice, meaning he was an ACTIVE threat.

I love how you just tried to spin the argument around on me. Are you that desperate?

Furthermore, the DA announced on TV yesterday that the taser was fired twice, and the officer HAD to know that, and hence he was disarmed.

We're not trying to "spin the argument around" on you. You're pointing out that your arguments are DEEPLY flawed, and it is you who are desperate.

Your argument seeks a rationale and an excuse for what happened, instead of looking at what SHOULD have happened. Had the police followed policy and used best practices, everybody would be home and dry today. What should have the police done that night? How did their failure to follow best pratices escalate this event? Were the results a reasonable response to the threat posed by the victim? Was their use of force reasonable?

What is most troubling, is the OP's complete dismissal of Mr. Brook's humanity and life. We're just looking for an excuse to kill him. It also ignores the implications to the broader community. If you permit the police to gun down somebody who fell asleep in the drive through, it doesn't say much for the kind of society you live in.

Furthermore, the DA is up for re-election, and he's behind. He also lied his ass off in that press conference. He said Officer Brosnan had agreed to testify against Rolfe; he didn't. He said he was working in conjunction with the Georgia Bureau of Investigation, and they were totally gobsmacked about him bringing charges so quickly, because he never said a word to them about it. Both Brosnan and GBI have released statements contradicting the DA.

 

[Cecilie1200]

You are mandating that a Tazer is a Firearm and thus Rolfe could shoot him in the back running away

Because the law backs my assertions.


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.

Begone with you.

You're starting to sound like me. Next you'll be flushing people.

Some of my direct prose comes from watching you debate with other people on this board.

Awwww. I'm flattered.

 

[Cecilie1200]

You are mandating that a Tazer is a Firearm and thus Rolfe could shoot him in the back running away

Because the law backs my assertions.


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.

Begone with you.

You're starting to sound like me. Next you'll be flushing people.

I flushed about six of them earlier this morning. You could almost see their red faces.

Wanna borrow my Flush picture? Sometimes, the word just ain't enough.

 

[petro]

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)

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.

The officer's life was not in danger.

Everyone's life was in danger the minute he got in a 3000lb deadly weapon and drove drunk.
Would be a whole different story if the cops didn't interfere and he killed someone on the road.
Folks like you are too stupid to be sharing oxygen with the rest of humanity.

So, let's kill drunk drivers. Greart reasoning.

As I said. Too stupid for oxygen.

 

[Cecilie1200]

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)

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.

All of this bullshit, to cover up the fact that the police murdered a man who passed out in his car. He was endangered NO ONE. The cop fired 4 times in a crowded parking lot, hitting another occupied car. All of the actions of the officer violated police procedure and endangered the public.

The police officers were at no time in danger of being harmed. Mr. Brooks was compliant and reasonable. They murdered him, and kicked him as he lay dying. Stood on his body as he fought for his life.

I hope he spends the rest of his life in prison.

I hope 'Mr.' Brooks dies a pathetic death. Oh wait. My wish has been granted.

The cop who did the shooting is refusing to turn himself in. An accused felon is resisting arrest. He is armed, and given the charges, clearly dangerous. According the OP, we can send out the SWAT Team and gun him down in front of his neighbours. Once you resist arrest, your ass is grass!!!

You're a fucking lunatic, even above and beyond what you usually are. He's been told to surrender himself by Friday. Is it Friday? I don't think so.

You are talking in public, and people can hear you. That is NEVER a good outcome for you.

Shut. The Fuck. Up.

 

[Cecilie1200]

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)

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.

All of this bullshit, to cover up the fact that the police murdered a man who passed out in his car. He was endangered NO ONE. The cop fired 4 times in a crowded parking lot, hitting another occupied car. All of the actions of the officer violated police procedure and endangered the public.

The police officers were at no time in danger of being harmed. Mr. Brooks was compliant and reasonable. They murdered him, and kicked him as he lay dying. Stood on his body as he fought for his life.

I hope he spends the rest of his life in prison.

I hope 'Mr.' Brooks dies a pathetic death. Oh wait. My wish has been granted.

The cop who did the shooting is refusing to turn himself in. An accused felon is resisting arrest. He is armed, and given the charges, clearly dangerous. According the OP, we can send out the SWAT Team and gun him down in front of his neighbours. Once you resist arrest, your ass is grass!!!

Lol. You are in "throw anything against the wall and see what sticks" mode.

I will stand back and watch this meltdown continue unabated.

Rolfe has 6 hours as of this post to turn himself in.

Yeah? I thought it was tomorrow for the deadline.

 

[Cecilie1200]

Furthermore, the DA announced on TV yesterday that the taser was fired twice, and the officer HAD to know that, and hence he was disarmed.

I just saw that video, the taser was fired into the air, out of view of both officers who were both on the ground after tussling with Brooks.

Meaning neither of them saw the first shot go off. In other words, they did not know the taser was spent after the second shot.

Regardless of the status of the taser, Brooks presented himself as a threat to the officers and to the community at large. He was willing to do anything to impede his own arrest. You don't let an established threat loose into the community. Sorry.

Upon further inspection of that video, it appears that was Rolfe's taser. Meaning the taser that Brooks had was Brosnan's. My original contention was correct. There was still one cartridge left in the taser.

Sorry kids, you lose.

Rolfe said he tried to Tase Brooks twice with his own, to no apparent effect. And yeah, Brooks took Brosnan's.

And yes, that does mean that the Tasers issued to Atlanta cops have two shots.

 

[TemplarKormac]

And this is the same Police Dept.... These are now all subject to attempted murder... Careful where you go here...

Furthermore, the taser appears to have been fired once, not twice, meaning he was an ACTIVE threat.

I love how you just tried to spin the argument around on me. Are you that desperate?

Am I misunderstanding this? God knows, I haven't had time to sit and watch every video available of this incident frame-by-frame, Zapruder-style, the way some people claim to have done.

I'm not sure where some of these people are getting "It had already been fired, the cop knew he couldn't fire again" from. As I'm understanding it, Brooks and the two cops, Rolfe and Brosnan, were struggling on the ground. Rolfe tried to Tase Brooks and said later it seemed to have no effect. Brooks grabbed Brosnan's Taser, and ran. Rolfe chased him, Brooks twisted around to fire Brosnan's Taser at Rolfe, at which point Rolfe drew his gun and shot him, apparently within a second or two of Brooks firing the Taser.

Am I missing something, or is that essentially correct? And if it's correct, what are these people in here babbling about?

You pretty much have it down, ma'am. They babble on about things they want to see. The facts? Nah. Facts are for Trumptards.

(Snort)