To some experts, the footage shows the further need for an in-depth review to determine whether a different tactical approach could have prompted a different outcome for Heyward. His shooting is the latest of many nationwide in which critics have questioned whether police too quickly resort to deadly force against black men. The fatal shooting of one of those men, Walter Scott, was captured on a passerby’s cellphone video early last month in North Charleston.
Seth Stoughton, a University of South Carolina law professor and former police officer, said that ordering a possible suspect to show his hands when they’re already visible “isn’t a very good command.” But in high-stress situations, when time seems to be moving slowly, officers sometimes give orders that don’t get someone to do what they want, Stoughton said.
“A suspect, or an innocent victim like Mr. Heyward, might very well respond by holding their hands out toward the officer,” he said. “The officer may view that as a threatening gesture. ... Unfortunately, that means that officers are more likely to perceive it as resistance and respond accordingly.”