Posted on 04/08/2015 1:06:17 PM PDT by Citizen Zed
The video appears to be damning: a white police officer fatally shooting a black man in the back as he ran away.
The shooting of Walter Scott by North Charleston, S.C., police Officer Thomas Stager has generated national outrage. Stager has been fired and charged with murder.
Legal and police tactics experts said the video would be powerful evidence in the criminal case. But they say it still leaves Stager’s defense with options.
One likely defense focus will be what is not on the video. The interaction between Scott and Stager before the shooting is not seen, nor is the traffic stop that began the incident. Defense attorneys will probably push on this, the experts said, telling jurors that the video doesn’t tell the whole story.
“What was the conversation and interaction between the officer and the subject?” said retired Los Angeles police Capt. Greg Meyer. “Why did the subject run away?”
(Excerpt) Read more at touch.latimes.com ...
For it to be manslaughter there can't be malice aforethought, i.e. intent to harm, kill or reckless disregard for human life. You don't fire 8 shots without intent to harm or kill or without a reckless disregard for human life. Maybe not first degree murder but certainly second degree.
You may wish to check in with Jesse, Van, Bill Ayers, Hillary, BO, Reid and your other cop-hating buddies...you are at the wrong address. Here, we still believe in innocent till proven guilty, especially for LOE.
It sure looks like it, the police or news should clear this up quickly, there is no reason for us to not know this.
So “stop or I’ll shoot” is an empty threat?
A great group of what? Reasonable people? I know.
Does your mom know your on the computer right now? Did you make sure your homework was done first before you came here to Free Republic to fling verbal poo? Hope you washed your hands first because you know how mad your mom gets when you get the keyboard covered in Cheetoh dust...
In the state of Washington a cop can shoot someone that has just committed a felony and trying to escape. Rules for the public are even looser. See Sec. 1.C.i below for escaping felon.
So I guess it depends on what happened prior to the video. If the guy is assaulting the cop, I’m guessing that is a felony. From the video it doesn’t look like the guy was doing much, other than trying to get the taser off of him.
And of course, the deceit by the cop dropping the taser by the body brings the entire thing into question. Even if they DO somehow find the cop not guilty of murder, he should spend a long time in prison (general population) for his deceit.
RCW 9A.16.040
Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
(1) Homicide or the use of deadly force is justifiable in the following cases:
(a) When a public officer is acting in obedience to the judgment of a competent court; or
(b) When necessarily used by a peace officer to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty.
(c) When necessarily used by a peace officer or person acting under the officer’s command and in the officer’s aid:
(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony;
(ii) To prevent the escape of a person from a federal or state correctional facility or in retaking a person who escapes from such a facility; or
(iii) To prevent the escape of a person from a county or city jail or holding facility if the person has been arrested for, charged with, or convicted of a felony; or
(iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon.
(2) In considering whether to use deadly force under subsection (1)(c) of this section, to arrest or apprehend any person for the commission of any crime, the peace officer must have probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others. Among the circumstances which may be considered by peace officers as a “threat of serious physical harm” are the following:
(a) The suspect threatens a peace officer with a weapon or displays a weapon in a manner that could reasonably be construed as threatening; or
(b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm.
Under these circumstances deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given.
(3) A public officer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section.
(4) This section shall not be construed as:
(a) Affecting the permissible use of force by a person acting under the authority of RCW 9A.16.020 or 9A.16.050; or
(b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section.
[1986 c 209 § 2; 1975 1st ex.s. c 260 § 9A.16.040.]
Notes:
Legislative recognition: “The legislature recognizes that RCW 9A.16.040 establishes a dual standard with respect to the use of deadly force by peace officers and private citizens, and further recognizes that private citizens’ permissible use of deadly force under the authority of RCW 9.01.200, 9A.16.020, or 9A.16.050 is not restricted and remains broader than the limitations imposed on peace officers.” [1986 c 209 § 3.]
When the officer corrupted the crime scene by moving the taser the answer should be self evident.
This crowd seems to think that no matter what the perp did to the LEO, once the perp turns his back to the cop and runs, he is free to leave. No more threat to the populace, etc. Insanity.
Nifty story! Wonder if I'm any relation to Ranger Ware? HA! In any event, this also has to do with an active firefight. The outlaws were actively shooting, even as they were fleeing. Of course it would be good to do everything possible to subdue them. The guy in this recent case didn't have a weapon, wasn't shooting randomly endangering people, and was running away. If he had a gun and was shooting @ the officer, I might have a different opinion. But this was not so in this case. In fact, the office even had to plant the taser so as to have proof of his claims. Totally different story.
“Squirrel”? Whats that all about?
Lol. ADD / Attention span changes - we went from talking about this issue to you asking about illegals, as though a squirrel suddenly ran into the picture and changed the whole subject.
By the way I blame the Employers.
There is truth to that, but ultimately, the Gubmint is tasked with securing the border, and they are not doing so. Make it harder for them to get here, and make the incentives for coming here less, and we would see less of it.
The LAT wants clicks on their site.
It’s not like they’ll say “Our guy is guilty as sin. Hang him”.
Read the article in this thread
Trouble is they seem to NOT charge cops with the bigger/lesser offense.
Only the biggest offense.
Then, the jury can’t find the cops guilty of the biggest offense. So they are not guilty.
I’ve read 108 of these and agree with yours.
I saw a copy of the video, where the person doing the video kept Scott and Stager out of it for some time. The camera was aimed at the scenery away from them, until Scott started to run.
Short of the dead guy running towards someone else with deadly intent, what would *possibly* justify this shooting?
Temporary insanity is the only thing that *might* mitigate the penalty this cop faces - He could claim he was so enraged that he temporarily lost control of his senses. No one will buy that, but it’s the only thing I can think of.
Once the dead guy broke off the attack and was 10 feet away, unarmed and getting further away, there was no justification for deadly force. I don’t care if he grabbed the officers taser and said he was going to rape the officers wife with it — no justification for this shooting.
Now, I don’t know the CJ system tendencies in S.Carolina or what may actually unfold, but morally and ethically, that was murder, plain and simple. And the cop knows it. Else he would not have tampered with the scene by planting the taser closer to the dead guy.
“...So “stop or I’ll shoot” is an empty threat?...”
In this case, absolutely. In other cases, it depends.
It’s a good thing the person shooting the video wasn’t seen by the cop.
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