[Jezebelle]

Police shootings aren't investigated that way nor do they make trade-off prosecutions in the manner you suggest in officer-involved shootings. Further, the kids in the car would not be liable for the death because the shooting was done by a peace officer.

[JLS]

Further, the kids in the car would not be liable for the death because the shooting was done by a peace officer.

If you pull an armed robbery and the police kill your partner, in many states you certainly can be charged for Murder2. Now maybe that is not the case when as could be argued here the person is only committing a misdemeanor. But then the driver was maybe committing the felony of assault with a deadly weapon, his car, and he could have been charged with Murder2.

So I still say the trade off was lets not charge the off duty cop nor any of the kids. It was an off duty cop so it may not have been investigated as an officer discharging his weapon, but even if it were, I say it smacks of the authorities deciding not to make a tragic situation more tragic.