Where does it say this in regards to when cops can use lethal force?
Additionally, correct me if i am wrong, but Brooks could not have been charged with aggravated assault because the taser never connected with anyone. Or can you be charged with aggravated assault if you never hurt anyone, only attempted to?
You donāt believe you can use lethal force to protect yourself from bodily harm? If you have a gun and your attacker has a baseball bat, do you have to put the gun down and get your own bat to make it even?
Can a woman use a knife to defend herself from an unarmed rapist?
Additionally, would it still be considered aggravated assault if the person committing assault was being chased by the victim? Is there any precedence on this? Like is it legal for a cop to shoot someone with a knife that is running away?
āThe rule reads that lethal force can only be used if an officer āreasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury and when he or she reasonably believes that the suspect poses an immediate threat of serious bodily injury to the officer or others.ā ā
The thing the DA is exposing is: was the officer actually being āthreatened with serious bodily injuryā¦ā
Edit: that sounds way more harsh than in my head when I wrote it.
Iām not partial to just believing random claims on the internet, thatās why i asked for a link. I would think the onus of proof would be on the person making the claim. Thanks for the link though.
I watched the video again because I thought he got the taser from thy cop who shot him. But I think he got the taser off of the other copā¦maybe? Iāve read that there are 8 videos of the event of which Iāve seen one. Iām assuming that the DA seems to think that Rolfe should have known that the taser had already been fired twice based on video and maybe audio evidence.
The people who are saying he should have been put in an Uber or driven home are crazy. He was under the influence and operating a vehicle. Most people regardless of color are getting arrested in that situation.
But, firing a gun in a crowded parking lot while running and killing someone as well as endangering the lives of at least three other people seems out of hand. The only way I can see the shooting being justified is if he had gotten back in his car and tried to drive away. At that point he would have been dangerous to others. In addition to shooting the guy, Rolfe kicked him afterwards while the other cop stood on him.
3:30-4:?? minutes in. Watch it. Realize there is zero risk to you while doing so. Note the huge amount(this is sarcasm) of time between the flash from the taser and the gunshots. Note the flash from a gun-like object, and consider the auditory exclusion phenomenon.
Iām sure thatās what was going through his head. Itās a lot easier to grock something like that from the safety of an office while seeking reelection.
So is your point that Rolfe wasnāt sure whether or not it was a gun or a taser? He watched the Brooks take the taser from his partner. Itās big and yellow, and doesnāt look anything like their guns. He can see it the whole time the Brooks is running away and as you said, it makes an audible pop, like a toy gun which sounds absolutely nothing like a real gunshot. At 5:00 into the video as heās explaining what happened to another officer who showed up on the scene, he makes a clear and concise statement that the Brooks took his partners taser. He doesnāt say that he took a weapon and he wasnāt sure what it was. Thereās no way he didnāt know it was a taser and he knew, after he wasnāt hit, that there was no danger to him. He was just pissed that he and his buddy just got their asses kicked by a medium sized drunk guy. So, he decided to teach Brooks a lesson and risk the lives of others as well. Great police work. Was it a tough situation? For sure. But I think we can expect more out of an officer instead of this keystone cop sh*t.
Why do people say Rolfe kicked Brooks as if thatās wrong or a sign of racism? You have to check to see if a suspect is still armed and physically capable of resisting. Itās funny how they leave out that Rolfe tried to save Brookās life after by performing cpr.
After a physical struggle, and then having a criminal grab your own weapon and try to use it on you twice you have to be super jacked up with adrenaline. I mean, the suspect fought two cops, and tried to taze them twice⦠he brought consequences on himself.
that said, i have a tough time reconciling the need to intentionally kill a man that was actively trying to run away whilst armed āonlyā with a weapon that has a range of a few feet. If the officer has simply stopped chasing for literally 2 seconds he would be out of danger completely. A gun should never be used to apprehend the suspect, it should only be used to protect the officer or a civilian in immediate danger. Someone running away is not placing that officer in immediate life threatening danger against the officers will.
If the cop doesnt chase, he isnt doing his job, but, maybe PDs need to start treating foot chases the same way they do car chases- pulling back if aggressively chasing makes the situation more dangerous for everyone.
That said, i have no idea how anything besides manslaughter/murder 3 could even be considered by the DA. The guy fought 2 cops, disarmed one and fired the taser at him twice FFS.