Yes, a key when held in the hand can be a weapon, and I am sure that had she been holding a key or keys in her hand at the time he decided to order her from her car, he would have told her to put them down, just as he told her to extinguish her cigarette.
I was watching Hannity tonight on Fox, and during the show he said the department has now specified which policy the officer violated, and that policy was that he did not inform her of the next step or steps he was taking before issuing orders related to those steps.
I agree with this assessment. He could have told her prior to ordering her to extinguish her cigarette and prior to ordering her out of her car that I am detaining you at this time for further investigation, and I am placing you in hand cuffs at this time for your safety and mine, but you are not under arrest at this time. Now extinguish your cigarette and step out of your car.
That, I think, may have worked out better, or at least would have provided her the opportunity to understand that further investigation was about to ensue based upon her behavior.
However, does not informing her of that intent make his order unlawful? Nope. Does not informing her of that intent give her the right to defy his order and then resist him as she did? Nope. Does his not informing her of his intent relate to her death in any way at all? Nope.
He basically arrested her for behaving like a horse’s ass, which she definitely did. Now if she did actually hit him or assault him as he stated, then, yeah, she really got of hand and deserved to be arrested, and charged, and hauled off to jail.
Could he have followed procedure better and explained to her exactly what was going to happen next? Yes. Does that make him a criminal? Nope. Is he going to be charged with her death? Nope. Should he be charged with her death? Nope.
The adult woman is entirely responsible for what happened to her. She made her choices, now she’s gone, and that is all there is to it.
Dictator cop is still a dictator. The stop should have ended in a traffic citation issued, not a person hauled off to jail. Dictator cop over-reacted and escalated a non event traffic stop. Bloody idiot.