Totally disagree. Given the facts presented this would be minimum 3rd degree manslaughter.
Take away the badge and lets say the shooter was a civilian with a concealed weapon. Still think the shooting may be justified? If not then you must ask why does a badge make it ok?
Being a cop does not give you a pass and in fact cops should be much more prepared to make the right decision than a civilian. If police are not held to the same proctorial standards as anyone else in the use of deadly force then we as a society are literally giving them a license to commit murder.
Well...no.Simply because an ordinary civilian doesn't have the legal authority to order another to raise his/her hands.Yet,under certain circumstances,a cop *does* have that authority.
Correct. The cop had his gun on the guy. The perp moving his hand to his waist is not a "threatening gesture" unless and until the cop could see him withdraw a weapon. It's a movement, not necessarily a threatening movement. Making such a hair-trigger interpretation of what might be a threat is way beyond the limits of logic or justice, especially when policing is not nearly as dangerous as being a farmer, fisherman, or woodsman.
People make mistakes. People get stoned. Some are simply retarded or disoriented. Some just freak when confronted by a gun (whoda thunk it?). They don't deserve to die for that.