Well, that is a valid point, but what if the cop is found guilty of 1st degree murder, and the conviction is upheld?
I don’t think I would have fired. But I don’t know. A person can close the gap real quick with a knife, and then you are in real trouble even with a gun.
And I have no idea how fast someone on PCP can move, or if such a person will even notice that they got shot.
This seems like a problematic shooting, but PCP kind changes it into a really volatile situation.
Did the cop who shot know the guy was on PCP?
I don’t know.
The cop’s attorney may look to improve his chances for an acquittal by opting for a bench trial (a trial by a judge) instead of a jury trial. Even a judge who is very sympathetic to the victim will be more likely to follow the letter of the law when it comes to a strict definition of first degree murder.