He doesnt have to have a weapon. First, you don’t get look at it with 20/20 hindsight. PC determination is objective, based on the perspective of a reasonable officer at the scene.
Second, if the officers had PC that he had committed a shooting the day before, Garner authorizes deadly force to prevent escape.
A lot of stupid people can’t read Garner for what it says.
If there is “probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used to prevent escape.”
Example, criminal goes to the 7-11 and shoots the clerk. Criminal runs out of the store. Criminal sees the police pulling up, and throws down his gun, but keeps running.
Garner says they can shoot that criminal, because the police have PC that the criminal has committed a crime involving the infliction or threatened infliction of serious physical harm.
He’s a murderer and he will be judged.
Thank you for your well reasoned and informative posts.