Posted on 04/08/2015 6:11:22 AM PDT by TangledUpInBlue
The fleeing felon statutes differ slightly from state to state. Most states have them. Some are conditioned upon the fleeing felon being a danger to the public.
In the SC case, the officer knows this and that is why he claims that the perp was trying to take is taser. No doubt a felony. Once he is under that statute, all he has to show is a danger to the public. I bet we will hear more about that before long.
And, this is why defense attorneys make the big bucks. The Tennessee v. Garner case, covered in Wiki, was not a case about jurisdiction of the USDOJ to prosecute the case, it was about how the state could handle a fleeing felon who posed no threat to the community.
Complicated stuff.
But, I am guessing that there is already a defense surprise out there along the lines I outlined above, i.e. that the perp was running towards the toddlers who were about to become hostages, or some such nonsense. Trouble is, they don’t have to explain it until the jury is in the box and the case is almost over. How does the prosecutor prove it was a made up excuse at that late date?
So, we are in for some twists and turns.
Well unlike trayvon martin this is a case of a clear murder and not self defense
I believe that this shooting had nothing to do with race and had everything to do with a Police Officer who not only acted outside of his duty but outside of the law. This may be unfortunate for him but he accepted this job with the idea that he would not be the perpetrator and here he was!
It really does seem to be a very clear case of outlaw Police action and he should face the same consequences as any other citizen.
Stay tuned gents, its never as simple as the media portrays it.
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