Having watched the full body camera video (up to the shooting), I feel bad for the cops. For forty minutes they handled the situation perfectly. It's a good example of how things can quickly go to hell in a handbasket. The cop who shot him made two critical mistakes.
1. He never told him he was under arrest. Instead he grabbed his wrist and said "would you put your hands behind your back for me". Seems minor, but it's not how it is to be done according to their policy:
At the time of arrest, the arresting officer(s) will:
a. Identify himself or herself as a police officer, visually and/or verbally;
b. Inform the arrestee of the reason for their arrest;
c. Handcuff the person with the handcuffs “double locked”;
d. Immediately upon handcuffing, pat down the arrestee for weapons
2. From what I read, he is claiming he thought he might be armed. That is not credible. He personally did a pat down for weapons already. This is important because he's only authorized to use deadly force when:
An employee may use deadly force to apprehend a suspected felon only when:
1. He or she 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 and when he or she reasonably believes that the suspect poses an immediate threat of serious bodily injury to the officer or others; or
2. When there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm (O.C.G.A. Section 17-4-20) and the employee reasonably believes that the suspect’s escape would create a continuing danger of serious physical harm to any person.
Now if an electronic control weapon (taser), is defined as a less lethal weapon, and not a deadly weapon, then shooting him just because his partner is being tased may not be a valid justification according to policy. I'm sure regardless, it will be argued he felt the taser did poses a threat of seriously bodily injury to the officer. Of course if he is to argue the taser is deadly force, then he himself using the taser firstly would also be a use of deadly force, which would be an excessive use of force in the first place. That puts him in a tough position...
3. If he delayed medical assistance, which I have no idea about as I haven't seen video past the shooting, that's also a problem for him.
Employees will make appropriate medical aid and/or assistance available to all persons who have a physical injury or when injury is likely to have occurred due to an employee’s use of force. 4.3.2 Medical aid and/or assistance will be provided in a timely manner or as soon as practical without further endangering the employee or others.
law.justia.com
![[rofl2]](/xen/styles/default/xenforo/smilies.vb/035.gif "ROFL2 [rofl2]")
