2aguy
Diamond Member
- Jul 19, 2014
- 112,236
- 52,460
Other than the officer's claim, there is no evidence Scott committed any "crime of violence." He was pulled over for a traffic violation (non-violent) and was purportedly being arrested for not being up to date on child support payments (non-violent).No you're wrong. The officer had no justification to discharge his weapon, that's why he out of a job and being charged with murder.
Except the law says different.
Note the caveat "reasonably believes".
-------------------------------------------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.
A legal definitions from South Carolina:
SECTION 16-23-10. Definitions.
When used in this article:
(4) "Fugitive from justice" means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.
An appeals court ruling:
-------------------------------------November 02, 2011
Is a stun gun a dangerous weapon capable of inflicting deadly force? That is a question we have raised here on several occasions and suggested that they should be treated as deadly weapons.
Yesterday (11-1-11) the N. C. Court of Appeals, in a unanimous decision, agreed with our reasoning.
In the case of the State v. Riveria the court ruled that a stun gun (an X26 Taser) "is a dangerous weapon that endangered or threatened Scott's (victim) life." You can read the actual decision by clicking here.
Court of Appeals rules stun guns are deadly weapons
And a South Carolina Law:
SECTION 16-23-415. Taking firearm or other weapon from law enforcement officer.
An individual who takes a firearm, stun gun, or taser device from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:
(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;
(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer's or corrections officer's professional responsibilities;
(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer;
(4) the law enforcement officer is authorized by his employer to carry the weapon in the line of duty; and
(5) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon while off duty and has identified himself as a law enforcement officer.
HISTORY: 2006 Act No. 379, Section 3, eff June 9, 2006.
Other than the officer's claim, there is no evidence he took the taser from the cop.
Other than the officer's claim, there is no evidence his own safety was in danger from the taser.
Basically, nothing you highlighted above seems to apply here.
Regardless of anything to do with the tazer...once he turned and ran no shots should have been fired, at all....sadly, adrenaline took over and the cop couldn't control it......