I’ve got a CO2 pistol at home that looks like a 9mm Beretta from 20 ft away. If it is the same gun the kid had there was probably little likelyhood the cops knew it was a BB gun.
As to the question of whether or not it was a legitimate threat even if they knew it was an air gun? Well....mine can easily go through the end of an aluminum can (the heavier gauge part). Could that kill you? I suppose it’s possible if you were shot with it in a few key locations on the body. Even if you weren’t hit in one of those key areas it would hurt like hell. Would most likely go through a layer of clothes and break the skin.
I guess the key question the lawyers are going to ask here is if the cops knew it was a BB gun or not...and if they did know, is this a righteous shooting?
I suppose if I knew the kid was holding a BB gun and refused to drop it I would probably just shoot him in the leg or fire a warning shot a couple of feet over his head and watch him wet himself.
You’re right. With 3 officers, I’m sure one of them could have hit his leg from behind some cover.