The last count was a result of a post-and-dash.Count again. The Officer only fired 14 rounds.
after the guy attempted to leave the scene his life was no longer in danger and therefore shooting was not justified.
Although the rules may be different for police I guess.
Comments/thoughts?
Ok, I wasn't sure on that or not. I figured the rules applied differently for police but wasn't sure.The instant he attempted to murder a police officer then drove away, he was a fleeing felon, and IIRC, the police officer was justified in using lethal force to stop him.
This is correct. Here's the statute, with relevant bits in bold. In my opinion, the bit about the warning isn't applicable, since the LEO was covered by self defense when he started shooting and it would just be silly to require the LEO to warn the guy he had already shot at, that he was about to shoot him.Ok, I wasn't sure on that or not. I figured the rules applied differently for police but wasn't sure.
I just know that if that was a civilian that shot back at him like that it would've been a whole lot different because the guy was no longer an immediate threat.
IC 35-41-3-3
Use of force relating to arrest or escape
Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person committed that felony.
However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
(b) A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that that deadly force is necessary:
(A) to prevent the commission of a forcible felony; or
(B) to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(c) A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.
(d) A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(e) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
(f) Notwithstanding subsection (b), (d), or (e), a law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a law enforcement officer to assert self-defense under IC 35-41-3-2.
to bad the guy was stupid enough to try and assault and kill [STRIKE]a police officer[/STRIKE] ANYONE...but at least there's one less moron in the world
NateIU10 - Dude, did you actually search out the scum bags obit?
I couldn't stop myself from reading it, it made him sound like he was mistreated. "After a long absence" OMG, he was in prison. I'm sure the population in Montana had no idea how it was that their favorite son died. Well, I'll clue you in. He was shot to death by an alert and well trained Law Enforcement Officer who only seconds earlier looked death in the face and avoided the Grim Reaper by his quick reflexes and the compounded idiocy of the BG.
Sorry for the rant.
Doug
Holy crap. Someone was looking out for the officer that night for sure!
I did find this though, in the BG's obit
Raymond ‘Thane’ Davis
Yeahhh. Teddy Bears don't have a reputation by everyone to keep away from whiskey, or that whole trying to shoot a cop thing. Everyone's an angel once they hit room temp
I love how it says, instead of flowers please make donations to the "thane davis" fund. Wonder what the fund is for? Big screen tv?
Why was there ever a jury trial, it's clear cut as day? In the fit of life/death you really lose track of stuff. Got into a firefight in Iraq, and shot six 30 round 556 mags in about three minutes, yet only remember one mag!
Wow...lucky officer indeed. My heart is pounding just from watching.