>...Wilson wrote that the statement “can be ambiguous depending on the context.” <
If you had Joe Citizen on trial instead of a thug in a uniform Mr. Citizen would be locked up and the key tossed.
Ambiguous my a$$.
He said: We’re killing this MF’er, don’t you know it.”
Now here is the ambiguity. Was he saying as statement of intent or was he saying it as a resigned probable outcome?
FWIW, a few times, I have said/thought the same when I have been in high speed pursuits, and it was along the lines of an incredulous “I’m going to have to kill this MF’er”. Meaning I may have to ram him, or shoot him when he inevitably wrecks and bails, (provided of course the original offense was a violent felony or he committed another during the pursuit), just to stop him.
Pursuits are some of the most dangerous duties a police officer will engage in. The fleeing criminal is almost always so desperate to get away they will put everyone’s life at risk to do so, without a thought or care.
Joe Citizen would not be in the same situation and the standard by which the officer is judged is what would another reasonable officer in a similar situation with similar training and experience would do.