Yes. There are at least two ways for the state to do this and be excused. One is the rationale given in this case, which will be argued in court unless the cop cops a plea, which is basically to be in fear of serious personal injury or death. Although in a fact pattern like this, shooting the driver does not stop the car, so from a purely logical standpoint, the component of "did it to protect myself" is absent. No matter, the law is exceptionally adept at defying logic.
The other way is for the state to claim that it believed the person fleeing poses a threat to others. The belief can be false, that is no matter. The test of "belief" is one of good faith, and in this case, the argument is that people who drive cars missing a front license plate, who do not submit to orders, are believed to be a threat.
In hindsight, this cop (these cops, all of whom lied about "being dragged") would have been better off adopting the second argument.
Nonsense. He was to one side of the car, in no danger of being run over, and was not dragged. THere was no threat to his safety.
The other way is for the state to claim that it believed the person fleeing poses a threat to others. The belief can be false, that is no matter. The test of "belief" is one of good faith, and in this case, the argument is that people who drive cars missing a front license plate, who do not submit to orders, are believed to be a threat.
Yes, go to court on that defense. See how well he does.
Nonsense.
That BS carried weight before Body Cameras. NO longer.
Now the jurors will see for themselves and this cop WILL be convicted of Murder in the First Degree.