Missourian
Diamond Member
The way I heard it, the officer used his tazer first, It either misfired, or wasn't effective. The man who was shot then attacked the officer, either stripping the tazer away, or knocking it to the ground and was grappling with the officer. when the officer broke free and went for his gun, the offender...now a dangerous fleeing felon then attempted to escape again.
That is when the officer, stripped of his tazer, resorted to deadly force to prevent escape.
That is when the officer, stripped of his tazer, resorted to deadly force to prevent escape.
"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
—Justice Byron White, Tennessee v. Garner[3]
Fleeing felon rule - Wikipedia the free encyclopedia