Posted on 06/09/2017 6:22:26 AM PDT by smokingfrog
I doubt it. An LEO who is engaged in a felony stop/pursuit etc is often allowed to use lethal force to stop a fleeing, armed subject, just having had a violent encounter with a cop helps.
A non-qualified immunity type like me and you would likely be taken to task, however. Still, prudence and reason would dictate what the proper course of action might be.
A DA can prosecute a (good) shooter, LE or otherwise for almost any reason- justification of defense is often a requirement to proven by the shooter, not the DA.
FL recently passed a law the put the onus of that determination on the prosecution- IOW the shooter is presumed justified unless the DA can prove otherwise. I hope many more states follow that lead.
Also and on the other hand, an innocent person being attacked w/o cause has a legal justification to defend himself from even a cop....its just rather rare these days.
“Shooting someone in the back while they are running away presenting no danger to you will get you put in prison in this state”
There are still some things that a cop can and should be allowed to do that a non-cop would get in trouble for. Shooting a fleeing ARMED suspect is one of those things. So is chasing someone for doing a traffic violation.
“he was a good boy - he bothered nobody...”
Until he did.
“Stop or I’ll shoot” with no follow up would have been a hollow threat and a lie.... so yeah, kind of has to shoot.
This one sounds like the officer was clearly concerned for his life.
I will wait a couple weeks to see what else, if anything, comes out.
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