But fleeing itself is not a felony, and one needs to establish the presence of a felony first.
Read my post above. Deadly force requires more than just a fleeing felony
Agreed. But the guy that took the video said there was a struggle on the ground. And a second witness said that there was a “tussle”. Not sure if that rises to a felony or not. And I didn’t see anywhere where it says if the car the guy was driving in ended up being stolen or what. If it did come up as stolen, the cop might have thought the guy was the thief.
And of course the running back by the cop after he shot and cuffed the guy to get something, and then dropping it by the body is problematic for the cop. If it is found that he was planting evidence, he should be put away for a long long time just for that imho.
But assault on a Peace Officer is.
b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:
(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;