One point that I think many miss, particularly after seeing the video and the interview from the construction workers.
OW only needs to demonstrate that HE felt that OW was a danger to OW or to others. If OW reasonably demonstrates that he felt in danger, based upon what information he had AT THAT TIME.
Here is what OW knew, or likely knew when he shot MB:
1.) MB was walking down the center of the street and refused to move May very well be true, but I can't remember who said they refused to move. Was it DJ?
2.) MB was accompanied by a friend, who also refused to move Same as above
3.) MB fit the description of a suspected armed robber and was in possession of what appeared to possibly the stolen goods No one in the FPD had seen anyone fitting the description of the suspect as of 7:00 pm. Until someone from the FPD explains that entry I can't say either way if OW was aware of this. May turn out to be true, but we don't know that yet.
4.) MB assaulted OW and tried reaching for his gun, which went off I don't remember LE describing it as an assault but it's possible. Regardless, until we hear OW's version, we don't know this yet, though it may turn out to be true.
5.) OW sustained some sort of injury to his eye and was possibly disoriented The first part has been stated by LE but not from the horses mouth. The second part I have not seen reported as fact but conjecture/sleuthing. All may be true but as of yet, nothing established with certainty.
6.) MB fled on foot and refused to stop All accounts say he fled. Haven't heard any witnesses say he refused to stop. In fact I think he did stop.
7.) MB was not behaving rationally That's a statement of opinion so I won't go further.
8.) MB weighed approximately 300 lbs and was about 6 ft 4 in tall Seems to no dispute.
9.) MB had demonstrated that he was willing and capable of overpowering OW Not sure this is a statement of fact. If he went for his gone and was capable of overpowering OW why didn't he end up with the gun? Also, since we haven't heard from OW, we still don't know what happened at the vehicle beyond what DJ has said. This may turn out to be true but we don't know yet.
10.) MB turned around and advanced toward OW (many witnesses agree to this) Would agree that many witnesses give some variation of this fact.
What OW didn't know:
1.) Was MB armed And thus had no articulable reason to believe he was armed.
2.) Was DJ armed And thus had no articulable reason to believe he was armed.
3.) MB's age True, though likely had an approximation.
4.) What the video of the armed robbery showed True
5.) Where MB lived True as far as we know
6.) What MBs criminal record may or may not have been True as far as we know
7.) Whether MB was under the influence of drugs or alcohol True as far as we know
8.) Likely the location of MBs companion, DJ We haven't heard OW's version so we don't know this. It may be true but we don't know this with certainty.
Things that bear no influence on whether or not OW felt he was in danger
1.) MBs age I suppose, though I would imagine a young person could be seen to pose a bigger threat than a 90 year old. (Yes, that's me making an argument for OW)
2.) Corruption of city council, LPD, population demographics, unrelated to OW Agreed as to what will determine the outcome of this particular case.
3.) MBs race unless prior evidence of racism can be proven against OW (which a good guess is that it doesn't exist or we would have heard by now) At this point, agree that there is no evidence OW was racist.
4.) How long or why MBs body laid in the street Agreed. Has no impact on the final determination of THIS case.
5.) Whether or not MB was running away if it can be proven that OW felt he was a "fleeing felon" Disagree. I think that will be a factor in determining dangerousness, which is still required under Garner. Can't shoot a nondangerous fleeing felon.
6.) Whether or not MB had his hands in the air You can still be a threat with your hands in the air Agree and disagree. Is it possible? I suppose. Can it also be an indication of surrender? Yes. I would suggest that this leans toward the surrender side than the danger side. Ultimately, I don't know how that decision isn't a jury issue.
7.) Whether or not MB say "OK OK OK" You can still be a threat with your hands in the air Same as above.
8.) WHETHER OR NOT THE CONSTRUCTION WORKERS, DJ, PIAGET, TIFFANY, OR ANY OTHER PERSON OTHER THAN OW FEELS THAT MB WAS A DANGER I think their testimony, along with other evidence we don't know will be looked at in total to determine if OW's version (which I will presume will be that he believed that MB was a danger though we haven't actually even heard that) is believable and will also tend to demonstrate if that belief is reasonable or unreasonable as is required.
