K_Z
Verified Anesthetist
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- Nov 8, 2010
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<mod snip>
This was hashed out a bit back. The second MB struck OW it was/is legal. Why bring up slavery anyway?
http://en.wikipedia.org/wiki/Fleeing_felon_rule
Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1. The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."[2]
<mod snip> An act may be legal, but still not be right or moral. If Missouri gives law enforcement the unrestricted right to shoot at a fleeing felon or even a suspected felon, that law should also be changed.
A more reasonable standard is to restrict the use of lethal force to situations where the suspect poses an immediate threat of death or severe injury.
So will this case be decided upon what the law should be or what the law is?
Once Brown has disengaged from Wilson and started to flee, he no longer poses an immediate threat to officer Wilson. If Brown was armed and shooting back at Wilson, the threat would stll exist.
It doesn't matter, take your problems to the Supremes, they made their decision, it's in my siggie
I think this is going to be a complete non issue very quickly, as the Chief of Police has been stating from the very first press conference that OW was assaulted, and had to be treated in the ER for facial wounds, and that a struggle inside OW's vehicle caused his gun to be discharged.
There is so much direct evidence that MB was shot while approaching OW, and we only have a small amount of what exists. This isn't going to be a big debate about a "fleeing felon", IMO. And I think the interpretation that MB was surrendering is complete baloney manufactured after the fact by racist instigators, and will never hold up under scrutiny. And IMO, the GJ is highly likely to see it that way, too, with a "no true bill".
But the sustained attempts to muddy the waters have been pretty effective in the court of public opinion, IMO!
Because we have MB simultaneously fleeing, multiple reports he was shot in the back, but direct evidence he was NOT shot in the back, facing OW, steadily walking toward OW, bum rushing OW, taking a tiny step toward OW, and collapsing toward OW, all at the same time, with his "movable arms" in just all sorts of confusing positions.
Wouldn't it be very helpful if there is a super secret recording from a security camera that hasn't been leaked yet? I bet OW really wishes he had had one of those new body cameras. JMO.