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The Justice Dept. report disagrees with you.

Posted by: edzep - Port Monkey! (a.k.a edzep) on Mar 22, 15:45 in response to professor smartbrain's post it's totally relevant when you're 150 feet away from the...

"When the shootings are viewed, as they must be, in light of all the surrounding

circumstances and what Wilson knew at the time, as established by the credible physical

evidence and eyewitness testimony, it was not unreasonable for Wilson to fire on Brown until he

stopped moving forward and was clearly subdued. Although, with hindsight, we know that

Brown was not armed with a gun or other weapon, this fact does not render Wilson’s use of

deadly force objectively unreasonable. Again, the key question is whether Brown could

reasonably have been perceived to pose a deadly threat to Wilson at the time he shot him

regardless of whether Brown was armed. Sufficient credible evidence supports Wilson’s claim

that he reasonably perceived Brown to be posing a deadly threat. First, Wilson did not know that

Brown was not armed at the time he shot him, and had reason to suspect that he might be when

Brown reached into the waistband of his pants as he advanced toward Wilson. See Loch v. City

of Litchfield, 689 F.3d 961, 966 (8th Cir. 2012) (holding that “[e]ven if a suspect is ultimately

‘found to be unarmed, a police officer can still employ deadly force if objectively reasonable.’”)

(quoting Billingsley v. City of Omaha, 277 F.3d 990, 995 (8th Cir. 2002)); Reese v. Anderson,

926 F.2d 494, 501 (5th Cir. 1991) (“Also irrelevant is the fact that [the suspect] was actually

unarmed. [The officer] did not and could not have known this.”); Smith v. Freland, 954 F.2d 343,

347 (noting that “unarmed” does not mean “harmless) (6th Cir. 1992). While Brown did not use

a gun on Wilson at the SUV, his aggressive actions would have given Wilson reason to at least

question whether he might be armed, as would his subsequent forward advance and reach toward

his waistband. This is especially so in light of the rapidly-evolving nature of the incident.

Wilson did not have time to determine whether Brown had a gun and was not required to risk

being shot himself in order to make a more definitive assessment. "

Washington Post Fact Checker: "Hands up, don't shoot" did not happen in Ferguson edzep - Port Monkey! Mar 22, 06:32

yes, not putting your hands up is a free pass for the cop to shoot you unarmed {nm} professor smartbrain Mar 22, 10:38

'Unarmed' is not relevant when you've gone from robbing a liquor store, to attacking a cop in his car. {nm} edzep - Port Monkey! Mar 22, 11:55

it's totally relevant when you're 150 feet away from the cop when he shoots you {nm} professor smartbrain Mar 22, 14:59

The Justice Dept. report disagrees with you. edzep - Port Monkey! Mar 22, 15:45

yes the law is overwhelmingly in the favor of police shooting first and asking no questions later {nm} professor smartbrain Mar 22, 19:01

It's been a while, so I don't have a link handy, but he was alot closer than 150 ft. I think less than 50 - maybe as little as 20 feet. At JDolphin Mar 22, 16:37

well that's much better. 20 feet = fire away {nm} professor smartbrain Mar 22, 18:58

So if a 6'2"+, 240lb guy that you've already tussled with and you don't know if he's armed comes at you - what do you do - you have 4 sec to JDolphin Mar 22, 20:00

You Unload the Entire Clip on the Sucker .... unless it is a White Guy, then You use Non-Lethal Means. Ferguson Mayor James Knowles III Mar 22, 22:10

Which actually happened to the neo-Nazi who went on a shooting rampage in Arizona and killed one. {nm} Antibody Mar 23, 11:35

At 20 feet you don't have 4 seconds to decide, much closer to 0.4 seconds to decide AND act. {nm} DTravel Mar 22, 22:39

Thanks - I was being generous. That was the police point. And I stil haven't heard what non-lethal means anyone would use {nm} JDolphin Mar 22, 23:09

They don't call that class of weapon "non-lethal". They are "less lethal" (rubber bullets, tasers, beanbag rounds, etc.) DTravel Mar 23, 12:59

Might be new for the rest of the country - but in St Louis, we knew that false a week or two after it happened {nm} JDolphin Mar 22, 12:24

And that report came out 3 weeks ago. {nm} JDolphin Mar 22, 12:28

oops meant to include the link to the actual report JDolphin Mar 22, 12:29

It's still irrelevant to the main point. {nm} RogerMore Mar 22, 16:56

Which main point is that? {nm} JDolphin Mar 22, 17:04

That too many people die from police action, and that the victims are disproportionately African-American. RogerMore Mar 22, 19:46

Okay - I thought this was about the Hands Up part which was false but continually gets perpetuated {nm} JDolphin Mar 22, 19:56

No, I'm just saying it's irrelevant. RogerMore Mar 22, 20:24

What injustice? That the person that robbed a store, then tried to take away a policeman's gun was killed. That's perpetuating that lie {nm} JDolphin Mar 22, 20:35

I'm sorry he died but he brought it on himself. {nm} JDolphin Mar 22, 20:36

There's the immediate injustice that a person shouldn't die for what he did. RogerMore Mar 22, 21:26

Should the officer die for what the robber did? Are the police allowed to defend their own lives, even if the only way to do so is to kill? {nm} DTravel Mar 22, 22:42

Just one of many, how is this not an EXECUTION? RotoHockeyYTD2013MainPort Mar 22, 23:06

I don't think it's as simple as that. You have to look at ways to change things so confrontations like this don't become life and death. RogerMore Mar 23, 04:18

Police have the authority, but the power to make if life-and-death exists on both "sides". DTravel Mar 23, 13:12

By power I mean `legitimate power` {nm} RogerMore Mar 23, 14:39

(sfek - and that legitimate power means greater obligation. Plus, see my post below for why I think change in policing is the more effective RogerMore Mar 23, 14:40

Yes, he shouldn't have to die for that, but he shouldn't have put himself in that position. And yes the community does have to take JDolphin Mar 22, 23:05

I think it's change in policing that will be a lot more effective. RogerMore Mar 23, 05:11

You're Blaming the Victim. Try this - Make Body-Worn Cameras on Police Mandatory - Reduces Use-Of-Force. RotoHockeyYTD2013MainPort Mar 23, 05:55

Yes and that's sad, but his problems like many start with no decent parental figures. I live in St Louis, 10 miles from Ferguson and his JDolphin Mar 22, 20:26





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