Officer Tensing knew Dubose was getting ready to play the old name game with him. It happens thousands of times a day in this country. I have been a reluctant but skilled participant in it at least a hundred times, conservatively. It’s just a reality of police work.
The name game is “I have no ID, I will give you a name, not my real name, but someone elses who I have memorized, most likely a family member, in the hopes you won’t be vigilant in comparing the driver’s license photos.” Or “I will give you a social security number, not my real one, in hopes of throwing you off.”
Like I said, it’s a game and after a few times of seeing it, you get really good at shutting it down.
Dubose had no license with him, probably had warrants, was going to get hooked up, car towed, so he he was probably going to give false name. Officer Tensing, just like the Trooper with Sandra Bland, was going to have him step from the vehicle, hence telling him to take the seatbelt off and then starting to open the door. Dubose reacted by pulling and holding the door shut, then putting the car in drive. Officer Tensing told him to Stop, he refused, Tensing then made the “tactical” not “legal” error of reaching in to turn the car off.
The two primary case laws they will look at in regards to this will Graham vs. Connor and Tennessee vs. Garner. The standard they will look at will be whether another officer in a similar situation with a similar amount of experience and training, would do the same thing. The contention will not be whether they would shoot, but whether would reach in at all. However, as I mentioned before, that is not a legal issue, but a policy one or lack thereof.
People are saying he is lying. Well, all he has to do is convince one juror that he was doing what he said he was doing and go tangled in the steering wheel, and he is going to get a hung jury.
Remember, they are going to trot out about ten or twelve officers and paramedics from different agencies and each one will be asked if they believe that he was dragged and possibly injured. How many times did they ask him if he was alright without knowing he was recording?
Furthermore, his back up officer had a rookie trainee. He will be the first the feds go after for testimony on the fed side, since lying to a special agent is a crime, not so to a police officer.
I am in general agreement with your comments. I’m not in a position to know the process as well as you do. It makes perfect sense the way you lay it out.
No, I wouldn’t think it a violation of law to reach in the vehicle. I just think it was a big mistake. If the guy drives off, you can follow along or catch him at home later.
Don’t put your life on the line by doing that over a silly license plate issue. And what the officer effectively did here, was put the driver in the position of having to defend himself (unreasonably of course) by doing something pointless and stupid.
It was simply not worth it all the way around.
After watching the video I get the impression that took place very quickly. Having the gun out, you almost wonder if he discharged it by accident, or just blew off a round without really giving it serious thought.
What can you say about his mindset. You can’t say it was unreasoned to feel threatened, but I still think the officer set himself up for that danger.
I agree with your take of going for the most green and vulnerable guy on scene.
Thanks for your comments.