Posted by moy23 on 4/16/2015 3:33:00 PM (view original):

Posted by bad_luck on 4/16/2015 12:45:00 PM (view original):
Thanks, Perry Mason.

Just running from the cops/resisting arrest isn't enough to warrant deadly force. There's a standard that has to be met and it's extremely unlikely that the defense will be able to convince anyone that Scott met the standard.

It wasnt just running from the cops.... There was a 'tussle' and a grab at the cops taser also.

Posted by MikeT23 on 4/16/2015 3:32:00 PM (view original):

Posted by The Taint on 4/16/2015 8:19:00 AM (view original):

Posted by moy23 on 4/15/2015 3:20:00 PM (view original):
I edited my last post to paint a better picture.


I do not think slager was in danger when Scott was running away. If I did I'd say it was justifiable homicide.

I do think slager, after running to catch this guy, then being attacked and almost losing his taser to Scott, pumped up on adrenaline was not 'thinking clearly' and he mistakenly, recklessly shot Scott in the heat of the moment. That's manslaughter.

If even one juror believes as I do... You have a hung jury.

Lol. Was this before or after he planted the taser next to him? It's SC, one of the three most ****** up states in the country. You might be right.

I missed this one earlier.   I assume CA and MO are the other 2.   Because, when a black man is beaten or killed, they burn that ************ down. 

Posted by moy23 on 4/16/2015 3:33:00 PM (view original):

Posted by bad_luck on 4/16/2015 12:45:00 PM (view original):
Thanks, Perry Mason.

Just running from the cops/resisting arrest isn't enough to warrant deadly force. There's a standard that has to be met and it's extremely unlikely that the defense will be able to convince anyone that Scott met the standard.

It wasnt just running from the cops.... There was a 'tussle' and a grab at the cops taser also.

Posted by bad_luck on 4/16/2015 3:48:00 PM (view original):

Posted by moy23 on 4/16/2015 3:33:00 PM (view original):

Posted by bad_luck on 4/16/2015 12:45:00 PM (view original):
Thanks, Perry Mason.

Just running from the cops/resisting arrest isn't enough to warrant deadly force. There's a standard that has to be met and it's extremely unlikely that the defense will be able to convince anyone that Scott met the standard.

It wasnt just running from the cops.... There was a 'tussle' and a grab at the cops taser also.

Sure. But the tussle was over and Scott was running away.

"What they should do is completely dependent upon the situation the officer is facing and the information known to the officer at the time," Root said.

Posted by moy23 on 4/16/2015 4:42:00 PM (view original):

Posted by bad_luck on 4/16/2015 3:48:00 PM (view original):

Posted by moy23 on 4/16/2015 3:33:00 PM (view original):

Posted by bad_luck on 4/16/2015 12:45:00 PM (view original):
Thanks, Perry Mason.

Just running from the cops/resisting arrest isn't enough to warrant deadly force. There's a standard that has to be met and it's extremely unlikely that the defense will be able to convince anyone that Scott met the standard.

It wasnt just running from the cops.... There was a 'tussle' and a grab at the cops taser also.

Sure. But the tussle was over and Scott was running away.

I don't know what the protocol is for cops but if a guy attacks a cop, then tries to run... Is the cop required to chase and physically retake down a guy that's already proven he will fight back? Or can he shoot him to try and bring him down (alive if possible)?

JUSTICE WHITE delivered the opinion of the Court.

 

This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Posted by MikeT23 on 4/16/2015 4:48:00 PM (view original):
http://www.cnn.com/2015/04/10/us/south-carolina-case-police-deadly-force/index.html

"Unless the fleeing felon is a substantial risk to the life of the police officer or arguably to other people in the community, only then can you use deadly physical force to subdue them," said Paul Callan, a trial attorney and former New York City prosecutor.

 

Gunfire is the last option for an officer.

 

"The application of deadly force ... is always the ultimate last resort," said Dennis Root, an expert on the use of police force and a law enforcement trainer. "It is not objectively reasonable to shoot a fleeing subject who poses no immediate threat to the officer or others."

 

Law professors, former prosecutors and police officers who watched the North Charleston video said it did not appear to them that the circumstances of the shooting met any of those legal parameters, and they said that based on what they saw in the video, the officer was not legally justified in opening fire.

“Whatever happened, this suspect was running away,” said Stephen A. Saltzburg, a professor at the George Washington University Law School in Washington and a former deputy assistant attorney general in the criminal division of the Justice Department. “That is, the suspect was trying to avoid the officer. It is highly doubtful that the officer could legitimately claim that he thought that the suspect posed a danger to the life or the serious health of anybody else in the community.”

The court case at the center of the issue of shooting a fleeing suspect, Tennessee v. Garner, a Supreme Court ruling from 1985, held that the police in Memphis had acted unreasonably in shooting an unarmed suspect in the back and killing him as he fled from a house he was suspected of burglarizing. The ruling effectively set a national requirement that officers shoot only when life is endangered and established that they cannot shoot unarmed, nondangerous suspects solely out of concern that they might escape.

 

“If the person is running away and is not armed, and the only thing you stopped them for was a traffic ticket, I can’t imagine why you’d be justified in shooting them,” said Bruce A. Barket, a New York area defense lawyer and a former Nassau County prosecutor on Long Island. “Under New York law, even if he had stolen the officer’s stun gun and was running away with it, it doesn’t appear that he’d be justified in shooting him.”

 

Posted by moy23 on 4/17/2015 1:40:00 PM (view original):
ugh! - http://www.businessinsider.com/south-carolina-police-shooting-witness-demands-money-from-news-outlets-playing-video-2015-4

Posted by MikeT23 on 4/17/2015 2:07:00 PM (view original):

Posted by moy23 on 4/17/2015 1:40:00 PM (view original):
ugh! - http://www.businessinsider.com/south-carolina-police-shooting-witness-demands-money-from-news-outlets-playing-video-2015-4

LOL.  They should charge him for teaching him a business lesson.    Negotiate your fee before providing the goods/services.



FWIW, another guy that Slager arrested has filed a civil suit because he used his taser.  All about getting paid.