4est_4est_Gump
Run Forrest! RUN!
- Joined
- Sep 19, 2011
- Posts
- 89,007
According to the Missouri Revised Statutes:
Law enforcement officer's use of force in making an arrest.
563.046. 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
This is an affirmative defense, meaning the defendant has the burden of proving he "reasonably believed" it was necessary to shoot the kid, either to defend himself or the public.
First shot? Yeah; I can see that if the accounts of the incident are true. Second shot? Maybe. He's probably been trained to double-tap, and was no doubt scared shitless and relying on instinct.
Shots three through five? Wasn't the kid immobilized by the first two? If so, these were unjustifiable.
Shot six, the coup de gras to the forehead? No way Jose. If you did that you would be up for premeditated murder. As this cop should be, and probably won't be.
Yeah; he was scared and seriously pissed off. You still don't get to execute seriously wounded people.
He was clearly pulling to the left as the wounds show and this none of his shots had any stopping power. Originally, I figured adrenal responses being the cause but now I am leaning more towards the idea, having suffered pretty much the same injury myself as a bouncer, that he suffering from limited, blurred or double vision.
No, he probably was not immobilized at his size and under the influence by shots to the arm.
I've been stabbed in the arms and torso and it never slowed me down.
And I'm only about 6' 220lb at fighting weight...
This guy was 6'4" and 300lbs.
Scary dude, and the video shows us clearly that he knew it and was willing to use it.