Posted on 04/19/2018 7:38:41 AM PDT by BBell
Unarmed black man killed in Walmart parking lot by police officers firing 'dozens of bullets' into packed car
Police have shot and killed a 26-year-old black man in a packed car outside of a Walmart in what his family say was an overly aggressive police response that led to an unnecessary death.
Police in Barstow, California killed Diante Yarber, a father of three, earlier this month after attempting to stop the vehicle he was in. A report from Barstow police says that Mr Yarber was wanted for questioning in a stolen vehicle case, and that he struck two patrol cars before an officer opened fire.
Dozens of gunshots can be heard in a shaky video recorded by a witness of the shooting. Mr Yarber is said to have been unarmed at the time of the shooting, which also injured a young woman in the vehicle.
The police took him away for no reason, Brittany Chandler, the mother of one of Mr Yarbers children, told the Guardian. The police should be held accountable for this They are sick people for them to be able to shoot someone down in broad daylight.
Previous reports from the police and local media in March indicate that Mr Yarber had been sentenced to four years probation last year for child abuse or endangerment, and resisting or obstructing an officer, according to court records. He was also sentenced to more than a year in prison in August of 2011 for pointing a shotgun at a group of people, and then shooting overhead, other records show. Mr Yarber was taken into police custody in mid-March on felony charges for possessing a firearm, but managed to escape from custody at the time.
(Excerpt) Read more at yahoo.com ...
Coss dey be alwus in sheee-utt.
-Obey the law
-Use common sense
-Stop immediately
-Turn that s..t off
-Be polite
-Shut the f...k up
-Get a white friend
-Dont ride with a mad woman
What happened to his arms? Tractor mishap?
Attempted murder with a deadly weapon.
Yep - history of violence/child endangerment, etc., and attacking with a 2 ton chunk of metal - they are right when they say his death was necessary though - he could have just pulled over and followed instructions....
this is the standard that is taught to police in most academy’s,
U.S. Supreme Court
Graham v. Connor, 490 U.S. 386 (1989)
GRAHAM
Is the suspect an immediate threat to officer or others?
Is the suspect actively resisting arrest?
Are the circumstances tense, uncertain, and rapidly evolving?
What is the severity of the crime at issue?
Is the suspect attempting to evade seizure by flight?
The order is important know the order!!!!!!
I - Immediate threat
A(m) - Actively resisting
T(ense) - Tense, uncertain, rapidly evolving
S(everity) - Severity of crime
E(vade) - Attempting to evade seizure by flight
Imminent Threat = ability + opportunity (get ready have time)
Immediate Threat = ability + opportunity + intent (Have to act no time)
4th Amendment Fleeing Felon Standard
An officer may use deadly force against a fleeing felon if
.
The suspect threatens the officer with a weapon
Or
The officer has probable cause to believe the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm.
And
The use of deadly force is necessary to prevent escape;
And
The officer gives some warning of the imminent use of force IF FEASIBLE (do you have time, can you clearly communicate your intent, You dont have to warn if you think the warning will escalate the problem)
ALL THREE MUST BE PRESENT SIMULTANEOUSLY
You don’t have to try and hit the police officer. They killed a driver a few years ago in my neck of the woods. He had been driving erratically when they finally got his attention. He pulled into a parking lot and parked and the motorcycle officer parked his bike with a few inches of the cars rear bumper. When the guy put it in park his car rolled back that short few inches and bumped the motorcycle tire. The cop opened up and shot 6 times from the left rear of the car. Each bullet missed. So the officer walked up to the drivers window and shot 4 more times, killing the driver.
Must have been a white guy he shot.
Hispanic actually with a history of mental issues. It was ruled justified.
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