He wasn’t “fleeing” he was charging the sergeant, from what we’re hearing, so that might not apply here.
Well, the SC over ruled state laws.
http://en.wikipedia.org/wiki/Fleeing_felon_rule#U.S._Law
How come I get a 404 when I click on http://en.wikipedia.org/wiki/Charging_felon_rule#U.S._Law?
Officer Wilson's error was to go on patrol without packing a proper elephant gun.