So Pointing a Gun is Justification for Deadly Force

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  • Timjoebillybob

    Grandmaster
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    Feb 27, 2009
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    The cop who shoved a reporter and had his Oathkeepers speech go viral gets to retire as well.

    Cop who threatened to 'kill everybody' expected to get full pension | MSNBC

    I don't think this guy should be fired on his comments alone but pushing a reporter was over the top.

    The "rabid dog" cop seems to be the least offensive and he's the only one fired.

    Here is a video clip of the "shove". That is no shove. He slightly bump/brushed him with the side of his arm while pointing. It's about 15-17 sec in.
    St. Louis Cop Dan Page Pushed Don Lemon Relieved of Duty | Mediaite
     

    hornadylnl

    Shooter
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    Nov 19, 2008
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    I guess the larger question with Dan Page and all police officers in general is this. What opinions are they allowed to have and in what manner are they allowed to express them? I'm asking this question seriously as my mind isn't made up.

    Obviously police officers are human, have opinions and are entitled to them. But at what point does voicing those opinions go too far and begin to taint the impartiality of justice? We typically don't hear judges go around speaking their political beliefs to the public. I'm sure it's an ethical issue. Should police officers have the same standards?
     

    Andy Wayne

    Plinker
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    Jun 25, 2009
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    Madison County
    It boils down to reasonable belief.

    IC 35-41-3-2
    Use of force to protect person or property
    Sec. 2. (a) In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant. By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed. Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime. The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy.
    (b) As used in this section, "public servant" means a person described in IC 35-31.5-2-129 or IC 35-31.5-2-185.
    (c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
    (1) is justified in using deadly force; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

    Of course, even POINTING a loaded gun is a felony:

    IC 35-47-4-3 Version b
    Pointing firearm at another person
    (b) A person who knowingly or intentionally points a firearm at another person commits a Level 6 felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
     
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