Coronavirus and Deadly Force

[federali]

I lived most of my life in New York State and I'm most familiar with their statutes of when deadly force may be used. One of the justifications for deadly force, and assuming you don't have a safe means of retreat (NYS), is an assault likely to result in a "disfigurement or protracted impairment of health." There are YouTube surveillance videos of innocent people being stabbed with syringes and now, people claiming to have the Coronavirus are spitting on other people, particularly police officers.
Six people who coughed or spit on cops and said they had coronavirus could go to prison for years - nj.com

This is a tough call. How do you prove this unless the act is caught on video? What say you?

 

[ken158]

I would consider it an assault and or a terroristic threat and you prove it like you prove anything else before video came along and made the job easier...

 

[SAFireman]

I can see where a deadly force encounter with a coughing or spitting person could end badly for all involved.

I think that the harsh penalties announced for 'threats' of this nature will deter most folks from this behavior.....just wait until the Feds start hitting them with felony terrorism charges....probably won't stop it all, but may slow that behavior.

BTW - what caliber is best for a viral spreader?

 

[murphydog]

My guess is the threat can easily be verified (if the perpetrator is caught) with one of the rapid diagnostic tests coming out in large numbers soon. I am guessing spitting is already an assault but (like getting stuck with an infected needle) the penalties would ramp up steeply if the test is positive.

 

[THEmodelof1989]

Its probably best not to shoot people for coughing on you, purposely or not. What happened to the good old days when we just knocked people out for getting outside the lines? I've only shot people that were an immediate threat to my life, and I sleep well at night. I question how I would sleep if I shot a person for for coughing on me, I also question where I would be sleeping; home vs. prison.

 

[andy52]

As much as I hate to say it if you cough or spit on a LEO and say you have corvid-19 it's a act for terrorism in my book, or anyone else for that matter.

 

[WCCPHD]

In North Carolina there are 43 District Attorneys. It would be up to each individual DA's interpretation of the law(s) as to what, if any, charges would be prosecuted or whether use of force is justified. As they are elected officials there would be other variables considered, other than the letter of the law, in their decision calculus.

 

[gen3guy]

How often is this REALLY happening? I suppose one could consider it "assault".

In the state where I live, the statute reads "if the action of the other person is such that it would cause a reasonable person to fear for his or her safety", then deadly force can be deployed in defense of one's own life, or the lives of others.

Worrying about this one will not take up much of my time.

 

[Triathloncoach]

I lived in Manhattan during the height of the aids epidemic circa 1990. And people threatened to inject needles full of aids infected blood. No one was shot. Some people were injected.

I remember due to privacy the perpetrators could not be forced to take an aids test. Criminal Rights of course.

 

[Mrnurse]

If we are now at a Point where coughing on someone results in being shot by police we are in a Soviet Republic, covid 19 or not. Coughing is not deadly force.

 

[Cal44]

If you get the virus, you have maybe a 2% chance of dying depending on your age and general health.

And if you get spat on, you may not contract the disease.

The guy doing the spitting may not even have the disease. And even if he does, you may not be infected.

IMHO this would not be a direct enough threat to justify lethal force.

Punching him in the nose, or some other physical means to stop him, would seem appropriate.

 

[Jessie]

If it's caught on tape, convict and have it on continuous loop in his cell for the duration.

 

[ISCS Yoda]

Punching him in the nose, or some other physical means to stop him, would seem appropriate.

I like it.

 

[ken158]

I lived in Manhattan during the height of the aids epidemic circa 1990. And people threatened to inject needles full of aids infected blood. No one was shot. Some people were injected.

I remember due to privacy the perpetrators could not be forced to take an aids test. Criminal Rights of course.

A search warrant takes care of the privacy issues...

 

[Triathloncoach]

A search warrant takes care of the privacy issues...

I am not in LE but I distinctly remember no testing. And it made me crazy with anger. This was Manhattan remember, and Dinkins was mayor.

 

[SMSgt]

Spit back...

 

[HardToHandle]

My guess is the threat can easily be verified (if the perpetrator is caught) with one of the rapid diagnostic tests coming out in large numbers soon. I am guessing spitting is already an assault but (like getting stuck with an infected needle) the penalties would ramp up steeply if the test is positive.

That is funny! If you are outside a federally designated hotspot, you can hold your breath for the next six weeks or longer to get a test.

 

[Sol-Invictus]

That is like asking if it is ok to shoot someone for coughing on if they have a cold.

Sent from my SM-T510 using Tapatalk

 

[mikerjf]

Tell him you have it too, and cough back at him.

So far as shooting him, I'd guess it would be applauded now, since it adds to the nation's fear. But most likely the court case will drag on until after the hysteria, when actual facts and statistics may be available. THEN they'll be asking you why you shot someone over a cold.

 

[686-380]

I can't say it's an immediate threat. Therefore, I probably wouldn't draw my weapon. Every situation is different. If someone is acting irrationally, I might draw my gun.

My hat's off to law enforcement. Thank goodness I probably will never have to find out!