” I now also believe Slager’s defense will include him insisting that he mistakenly believed Scott had the taser in his hands when he took off.”
Based on the video I thought the same thing, the cop didn’t see it land at his feet and behind him. HOWEVER, once he cuffs the deceased guy he does not look around on the ground near the body for the taser in the grass or scratches his head wondering where the heck the thing went. He cuffs the guy and gets up quickly, turns and runs back to where the taser was. He knew it was back there.
And in Washington State one can shoot a fleeing felon (if the guy had assaulted the cop during the arrest). But the dropping of the taser and the deceit by the cop - I would give him 20 years for that, even if it is ruled to be a justifiable homicide.
I believe Tennessee v. Garner supersedes outmoded state laws regarding the old fleeing felon rule from common law, but I’m also certain that individual states may tend to be more inclined to give cops residual leeway depending on circumstances.
Ironically, I spent most of my Air Force career literally a stone’s throw away from the exact spot of this incident, stationed at Charleston AFB, and going through daily training/training my subordinates on the use of deadly force as a member of the 437th Security Police Squadron — back then we would recite the fundamentals at guardmount every shift, including the old fleeing felon rule, which is now, as I said, inapplicable.
If Slager later stated (before he knew of the video) that Scott was in possession of the taser at the time he shot him, not merely that he thought so, but that Scott was, Slager is more likely cooked. Best scenario for him is that he said he thought that was the case, but I do acknowledge what you said about his demeanor in the aftermath.