Missourian
Diamond Member
I've seen no indication the man shot and killed committed a felony.These laws?
SUBCHAPTER IV. ARREST.
GS 15A-401
(2) A law-enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby:
a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force;
b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or
c. To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.
Yes, those laws.
Did you read them?
Specifically subsection b.
b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay;
Sounds exactly like what I posted in post #4 of this thread.
"A police officer may not seize an unarmed, nondangerous suspect by shooting him dead...however...Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force."
—Justice Byron White, Tennessee v. Garner[3]
Fleeing felon rule - Wikipedia the free encyclopedia
He attacked the police officer after the officers tazer either misfired or failed to make adequate contact with the offender. The offender is grappling with the officer at the beginning of the video, and the tazer that the officer said the offender stripped from him is laying on the ground. When the officer breaks away from the offender grip, the officer reaches for his service weapon. When the offender realize the officers gun hand was free of his restraint, he attempts to flea a second time.
I said it earlier...what was the offenders plan attacking the officer? He could jst hold him waiting for help to arrive, and he couldn't release him while the officer was in possession of his sidearm. That only leaves three alternatives, one of which we can dismiss out of hand...which is surrender. The two others are to incapacitate the officer or kill him. That is the definition of grievous bodily harm or death.