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Things will get interesting in Atlanta

I find it interesting how often people try to justify police shootings by pointing out all the bad things the deceased was doing. Perhaps some reminders for those who aren't clear on the requirements of the Fourth Amendment:

1. Cops are not allowed to kill you for being drunk.
2. Cops are not allowed to kill you for resisting arrest.
3. Cops are not allowed to kill you for stealing, even if you steal from the cops.
4. Cops are not allowed to kill you for trying to escape.

Cops are allowed to kill you if and only if a reasonable officer in that situation would think you pose a threat of death or serious bodily injury to the officer or others, or in the case of someone trying to escape, if and only if a reasonable officer in that situation would think that the escape would pose a threat of death or serious bodily injury to the public.

In this case, it might be possible that the officers in question have a defense on this point, if the taser the deceased stole can be considered a deadly weapon. According to Georgia lawyers who have opined on the subject, a taser is only sometimes considered a deadly weapon, depending on the circumstances of its use.

but a taser certainly poses a risk of serious bodily injury, which you stated is clear justification for a police killing
 
Yeah there were silly posts on this board about his reaction to the police was out of some innate fear of cops and blah blah blah. The guy was on probation and afraid of being sent back to prison. This incident wasn't his first rodeo. He certainly didn't deserve to die; nor did he deserve to be shot in the back as i don't understand how just running away posed an imminent threat to anyway, but many posters on this board are quick to paint these criminals like Mother Teresa.

He was just sleeping!
 
Do we really need to do a google search and link various other accounts of suspects who have resisted arrest for much more serious offenses, and somehow been arrested or even escaped without being shot in the back? The guy was slightly inebriated and not exactly in the most alert of mental states.

Do you actually think one of these younger cops couldn't have eventually run him down without the need to shoot him in the back TWICE? And what danger did he pose? They knew where he lived, and they had his car. Not really much woods to run into and evade cops indefinitely...

We aren't talking a wanted felon-just a guy who was slightly over the limit and fell asleep in his car. He wasn't even behind the wheel of a car to pose a driving danger, he was running away. Would you want someone you cared about shot for a momentary lapse of judgment?

I wouldn’t want someone I knew and loved to resist, fight, steal a weapon, run, and fire that weapon at the police.
True story.
 
I’m sure there’s no chance he’d engage in any other criminal behavior in the meantime lol. How dumb...

You do know he wasn't committing a burglary or even shoplifting, right? He had fallen asleep in HIS Car and was likely somewhat disoriented after being woken up. He deserved to go to jail, but he didn't deserve to get shot for trying to get away. I mean the cops KNEW he didn't have any outstanding warrants by then, and forgive me for thinking he likely wouldn't have been their first suspected DUI that tried to run away...

The unfounded suggestion that he would somehow engage in "other criminal behavior in the meantime" strikes me as pretty racist.
Why would anyone assume that a guy who basically fell asleep in his car after visiting his mother's grave and then heading to Wendys would subsequently engage in "criminal behavior"? Based on what other than his race?

My brother was arrested once for falling asleep drunk in the Chinese Restaurant in Ellettsville. He went to the drunk tank, but there is no reason to suggest that had they not called the cops and had he left on his own volition without being arrested that he would for some reason subsequently "Engage in any other criminal behavior". Your post strikes me as nothing short of bizarre...
 
He was just sleeping!
I mean the way some people cast things is unbelievable. La la land. This guy was a bad actor. The bottom line is that cops and the system need to do better and the element of recidivist criminals need to do better. Until both groups are addressed nothing will change.

In the meantime every thread on this board will continue to devolve into the same polar arguments by the same cast of characters.
 
but a taser certainly poses a risk of serious bodily injury, which you stated is clear justification for a police killing
As I already said, according to Georgia lawyers, it is unclear whether a taser would qualify. Sometimes it does; sometimes it doesn't. I imagine it would be a question of fact for the jury to consider, whether or not in this case the taser in question was a deadly weapon likely to cause death or "serious bodily injury" (which encapsulates many things, but for our purposes essentially means an injury which is likely to cause death, but which the person nonetheless survives).
 
You do know he wasn't committing a burglary or even shoplifting, right? He had fallen asleep in HIS Car and was likely somewhat disoriented after being woken up. He deserved to go to jail, but he didn't deserve to get shot for trying to get away. I mean the cops KNEW he didn't have any outstanding warrants by then, and forgive me for thinking he likely wouldn't have been their first suspected DUI that tried to run away...

The unfounded suggestion that he would somehow engage in "other criminal behavior in the meantime" strikes me as pretty racist.
Why would anyone assume that a guy who basically fell asleep in his car after visiting his mother's grave and then heading to Wendys would subsequently engage in "criminal behavior"? Based on what other than his race?

My brother was arrested once for falling asleep drunk in the Chinese Restaurant in Ellettsville. He went to the drunk tank, but there is no reason to suggest that had they not called the cops and had he left on his own volition without being arrested that he would for some reason subsequently "Engage in any other criminal behavior". Your post strikes me as nothing short of bizarre...
He also resisted after blowing over the limit. If he was willing to fight cops who knows what else he was willing to do. Perhaps get in a car again. Drunk.
 
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I find it interesting how often people try to justify police shootings by pointing out all the bad things the deceased was doing. Perhaps some reminders for those who aren't clear on the requirements of the Fourth Amendment:

1. Cops are not allowed to kill you for being drunk.
2. Cops are not allowed to kill you for resisting arrest.
3. Cops are not allowed to kill you for stealing, even if you steal from the cops.
4. Cops are not allowed to kill you for trying to escape.

Cops are allowed to kill you if and only if a reasonable officer in that situation would think you pose a threat of death or serious bodily injury to the officer or others, or in the case of someone trying to escape, if and only if a reasonable officer in that situation would think that the escape would pose a threat of death or serious bodily injury to the public.

In this case, it might be possible that the officers in question have a defense on this point, if the taser the deceased stole can be considered a deadly weapon. According to Georgia lawyers who have opined on the subject, a taser is only sometimes considered a deadly weapon, depending on the circumstances of its use.

We have people that can’t control themselves in a Walmart parking lot and yet with everything you know extreme tolerance, judgement, restraint should always be shown.

I’ve never walked a mile in their shoes, have you?
 
I wouldn’t want someone I knew and loved to resist, fight, steal a weapon, run, and fire that weapon at the police.
True story.

He fell asleep in HIS car. Had they shot him when he was turned and firing, then THAT is self-defense. If he's clearly just running away to keep from being arrested on a DUI and a cop with time to not only aim but say something like "I've got the shot" shoots him in the back, then for me, that's a PROBLEM.

He wasn't burgling a house or even passing a bad check, he was sleeping it off in his car and had already moved his car per the LEO instructions. Who the Hell cares if a drunk gets away? They had his car and his address- it was NOT a life/death situation where they needed to act like they were responding to an APB...
 
true, but the stealing the weapon from the cop and subsequently pointing it at them takes it beyond resisting arrest
Which is why I have said twice now that the taser is the key element of this case. Georgia law does not define a taser as a de facto deadly weapon, but does allow it to be considered a deadly weapon in some circumstances. I am not a Georgia lawyer, so I have no idea what those circumstances are, but it's at least possible that this current case would qualify, in which case the officers will probably be found not guilty.
 
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You do know he wasn't committing a burglary or even shoplifting, right? He had fallen asleep in HIS Car and was likely somewhat disoriented after being woken up. He deserved to go to jail, but he didn't deserve to get shot for trying to get away. I mean the cops KNEW he didn't have any outstanding warrants by then, and forgive me for thinking he likely wouldn't have been their first suspected DUI that tried to run away...

The unfounded suggestion that he would somehow engage in "other criminal behavior in the meantime" strikes me as pretty racist.
Why would anyone assume that a guy who basically fell asleep in his car after visiting his mother's grave and then heading to Wendys would subsequently engage in "criminal behavior"? Based on what other than his race?

My brother was arrested once for falling asleep drunk in the Chinese Restaurant in Ellettsville. He went to the drunk tank, but there is no reason to suggest that had they not called the cops and had he left on his own volition without being arrested that he would for some reason subsequently "Engage in any other criminal behavior". Your post strikes me as nothing short of bizarre...

There it is! I’m racist because I speculate a guy in the process of committing a crime that had committed precious crimes might do it again. What a chickenshit comeback, you should be ashamed of yourself but I doubt you have the wherewithal. I don’t care what color the guy was, he was a POS who got what he deserved if he truly does have the record others say.
 
Again, resisting arrest is not a capital crime. Cops are not allowed to use deadly force simply because someone is resisting arrest.
But that’s a temporal thing. They may have thought he was a danger to others given his actions AFTER he broke loose and had their taser. I don’t know otherwise why they’d shoot him in the back. You see this when a guy acts crazy and runs and gets into a car and recklessly drives off
 
There it is! I’m racist because I speculate a guy in the process of committing a crime that had committed precious crimes might do it again. What a chickenshit comeback, you should be ashamed of yourself but I doubt you have the wherewithal. I don’t care what color the guy was, he was a POS who got what he deserved if he truly does have the record others say.
It may or may not make you a racist, but this kind of thinking absolutely makes you an asshole who has no regard for the Constitution.
 
But that’s a temporal thing. They may have thought he was a danger to others given his actions AFTER he broke loose and had their taser. I don’t know otherwise why they’d shoot him in the back. You see this when a guy acts crazy and runs and gets into a car and drives
I don't know how many times I have to mention the taser before you guys realize that I've already mentioned the taser.
 
He fell asleep in HIS car. Had they shot him when he was turned and firing, then THAT is self-defense. If he's clearly just running away to keep from being arrested on a DUI and a cop with time to not only aim but say something like "I've got the shot" shoots him in the back, then for me, that's a PROBLEM.

He wasn't burgling a house or even passing a bad check, he was sleeping it off in his car and had already moved his car per the LEO instructions. Who the Hell cares if a drunk gets away? They had his car and his address- it was NOT a life/death situation where they needed to act like they were responding to an APB...
He fell asleep in HIS car. Had they shot him when he was turned and firing, then THAT is self-defense. If he's clearly just running away to keep from being arrested on a DUI and a cop with time to not only aim but say something like "I've got the shot" shoots him in the back, then for me, that's a PROBLEM.

He wasn't burgling a house or even passing a bad check, he was sleeping it off in his car and had already moved his car per the LEO instructions. Who the Hell cares if a drunk gets away? They had his car and his address- it was NOT a life/death situation where they needed to act like they were responding to an APB...
They probably should have let him drive home since drunk driving is just a lapse of judgement. Not like anyone’s ever been hurt due to that...
 
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He fell asleep in HIS car. Had they shot him when he was turned and firing, then THAT is self-defense. If he's clearly just running away to keep from being arrested on a DUI and a cop with time to not only aim but say something like "I've got the shot" shoots him in the back, then for me, that's a PROBLEM.

He wasn't burgling a house or even passing a bad check, he was sleeping it off in his car and had already moved his car per the LEO instructions. Who the Hell cares if a drunk gets away? They had his car and his address- it was NOT a life/death situation where they needed to act like they were responding to an APB...

I hear you, I really do. I think you’re ignoring how quickly this situation escalated and became volatile though. Possibly minimizing how serious and emotional things like this can get. I wish it never happened.

In your estimation was this similar to George Floyd?
What happens when the police start walking off the job, will you feel safer?
 
It may or may not make you a racist, but this kind of thinking absolutely makes you an asshole who has no regard for the Constitution.
I can live with asshole. As far as the constitution, see above. The cops were likely acting within its limits, as you acknowledged above.
 
Right but your quote to me was that resisting is not a capital offense. I never said it was.
Sorry, the thread is moving fast. I was responding to your post which simply pointed out that he resisted after taking the breathalyzer. It didn't say anything about the taser. So in the context of this thread - in which quite a few people think that resisting is a good reason to get shot - I was taking issue with that.
 
Again, resisting arrest is not a capital crime. Cops are not allowed to use deadly force simply because someone is resisting arrest.
You can't cut off your sentence at "resisting arrest." You must include, "then pointing a weapon at the cop you stole it from".
 
I can live with asshole. As far as the constitution, see above. The cops were likely acting within its limits, as you acknowledged above.
I didn't say they likely were. I said they possibly were, depending on how Georgia views a taser in these circumstances, which I am not qualified to make a prediction about. Could be likely; could be unlikely. Call a Georgia criminal attorney for the odds.
 
He also resisted after blowing over the limit. If he was willing to fight cops who knows what else he was willing to do. Perhaps get in a car again. Drunk.

Hadn't he already told the cops he just wanted to go home? Where does this refrain of "he might have engaged in further criminal activity" keep emerging from? He was sleeping off a drunk and likely would have eventually woken up and headed home had the cops not gotten involved. You don't think cops have leeway when it comes to how they deal with a "suspected DUI"?

Is that concept so difficult for some of you to accept, because I honestly feel that same scenario plays out all over Atlanta (for example) on a daily basis. I think some of you guys would have been in favor of hanging pickpockets...
 
I didn't say they likely were. I said they possibly were, depending on how Georgia views a taser in these circumstances, which I am not qualified to make a prediction about. Could be likely; could be unlikely. Call a Georgia criminal attorney for the odds.
I agree completely, you are not qualified...
 
Sorry, the thread is moving fast. I was responding to your post which simply pointed out that he resisted after taking the breathalyzer. It didn't say anything about the taser. So in the context of this thread - in which quite a few people think that resisting is a good reason to get shot - I was taking issue with that.
No sweat
 
Hadn't he already told the cops he just wanted to go home? Where does this refrain of "he might have engaged in further criminal activity" keep emerging from? He was sleeping off a drunk and likely would have eventually woken up and headed home had the cops not gotten involved. You don't think cops have leeway when it comes to how they deal with a "suspected DUI"?

Is that concept so difficult for some of you to accept, because I honestly feel that same scenario plays out all over Atlanta (for example) on a daily basis. I think some of you guys would have been in favor of hanging pickpockets...

That should be the new police policy. If the criminal tells you they just want to go home, they should be released. Better yet, they can just drop them off since they probably learned their lesson...
 
Because murder is the only crime worth preventing. He probably would have only beaten his kids again. Just another momentary lapse of judgement, no big deal...
I’ll let the mother of his children speak to that. Oh right. She did.,
 
Hadn't he already told the cops he just wanted to go home? Where does this refrain of "he might have engaged in further criminal activity" keep emerging from? He was sleeping off a drunk and likely would have eventually woken up and headed home had the cops not gotten involved. You don't think cops have leeway when it comes to how they deal with a "suspected DUI"?

Is that concept so difficult for some of you to accept, because I honestly feel that same scenario plays out all over Atlanta (for example) on a daily basis. I think some of you guys would have been in favor of hanging pickpockets...

who cares if he told the cops he just wanted to go home?

I think the further criminal activity comes from the thought that, after assaulting those officers, he just crossed into crazy land.
 
Yes. Most recent charge was 6 years ago.
And that night he decided to add to it with what would have been some more felony charges. He resisted because he thought he was going back to jail. And how frightening to be a cop in that position.
 
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