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;
Are you really here on Free Republic trying to justify
a cop shooting a man in the back while he is running away?
Really?
You are?
Seriously?
If he tackled the cop, and the cop was running away, I could see assaulting a police officer.
However, being assaulted by a police officer (or being semi-subdued by a police officer) isn’t the same thing.
Is there any evidence that he assaulted a peace officer?