According to the police report, Myers claimed that none of the teenagers ever complied with his orders to put their hands up.
Yet surveillance footage allegedly showed one of the teenagers placing his gun on the ground, and two of them – including Rohani – reacting to Myers’ orders by putting their hands in front of their bodies and extending their fingers to show they were carrying no weapons.
“Despite their compliance, the defendant then escalated the situation further, tackling [one of the teens] and pinning him to the ground, while still holding his gun trained on the [other] teenagers,” prosecutors alleged.
“He claimed he did this to prevent [the first boy] from reaching for the airsoft pistol he’d already placed on the ground, but failed to take the obvious step of securing the toy gun, rather than assaulting the teen who had carried it.”
At that point, Myers told police, one of the teenagers reached into his waistband for a gun and refused to stop when ordered. Myers feared for his life and shot the boy “numerous times”.
Surveillance footage showed the boy’s right hand “briefly lower[ing] to his waist area” before being shot, police said.
For their part, the two surviving teenagers told police that they had repeatedly informed Myers that they were only carrying “BB guns”.
Also an excellent series of posts.
Surveillance footage showed the boy’s right hand “briefly lower[ing] to his waist area” before being shot, police said.>>>>>>>>>>>>>>>>>>>>>>
“So it is that necessity is the pervasive theme of the well defined conditions which the law imposes on the right to kill or maim in self-defense. There must have been a threat, actual or apparent, of the use of deadly force against the defender.[42] The threat must have been unlawful[43] and immediate.[44]
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*1230 The defender must have believed that he was in imminent peril of death or serious bodily harm,[45] and that his response was necessary to save himself therefrom.[46] These beliefs must not only have been honestly entertained, but also objectively reasonable in light of the surrounding circumstances.[47] It is clear that no less than a concurrence of these elements will suffice.