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Old 12-29-2021, 03:54 AM
LennyLames LennyLames is offline
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Join Date: Aug 2006
Location: Central Arizona
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"Clearly," (note the quotes) it was an inappropriate use of deadly force. However, by the time I got to the part where the shooting occurred, I had already seen several minutes of CCTV footage from various perspectives that showed the perpetrator handling the bike lock, slinging it over his shoulder, leaving it on the floor near the escalator, swinging it at various objects and people.

On the other hand, the responding (shooting) officer in front saw all the blood, an incapacitated victim apparently with serious bodily injury, and had less than a second and a half to stop the bad guy from possibly causing death or serious bodily injury to others. There was also the prior report of shots fired.

29:08 "He's got a tube." [Elongated object].

29:12 "He's hitting her now on the right-hand side." [Nothing innovative, elongated objects such as guns can be used as clubs].

I replayed the video around 29:24 several times and I could discern a large black object in the bad guy's left hand that was quickly hidden from view by his body. If cell phones can be mistaken as firearms, an elongated black object (tube) in the hands of a rampaging criminal is worse.

The -Revised-1.pdf document linked above, an easy-to-read document that even defines "serious bodily injury," regarding use of deadly force states:

". . .when the officer reasonably believes, based on the totality of circumstances, that such force is necessary for either of the following reasons:
. . .
To apprehend a FLEEING person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended."

One could argue that the officer should have spent several more seconds interviewing the nearby victim to see if he could get coherent answers from her but in the meantime, there could be more victims of "death or serious bodily injury."

I don't know what level of certainty LEOs get regarding a situation, but if there's any possibility of a bad guy with a firearm, I would expect them to err on the side of safety (their own and others).

I feel sorry for the 14 year old that was shot. While it doesn't lessen the pain, I hope her family gets decent compensation.

On the other hand, the bad guy's family would get in on the game. Doesn't matter if they were estranged and hated him, but they'll go for as much dinero ($) as they can to address their "pain and suffering" and the loss of their "loved one" who was "turning his life around."

Nothing to add to the O.P. caliber discussion. Happy New Year to all of you!
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