No. I'd get charged with murder. The cop should be charged with murder.
You can't uphold the law by breaking the law.
/johnny
No. I'd get charged with murder. The cop should be charged with murder.
Consideration from whom? If I was on the jury I'd certainly consider it, given a choice between manslaughter or murder. I can't say what my decision would be, but I'd consider it.
Based on what I remember reading and seeing, the guy claimed to have a weapon, turned like he was going to get it from the car, then raised his hands. Looks like, maybe, as the guy turned to the car, the cop thought to himself "He's going for it", prepared to fire, the guy raised his hands, the cop was concentrating on firing more than the target, and had an OMG moment.
And yes, you'd probably get charged with murder and the prosecutor would cheerfully plea it down to manslaughter.
"When policemen break the law, then there isn't any law. Just a fight for survival." - Tom McLaughlin in the movie Billy Javk