Police officer, following valid procedures, is forced to fire upon a suspect
Reply #6 –
I found all the links myself, & I understand the outcomes.....both the initial shooting, & the trial outcome.
Last, first.......At trial, when all the evidence has been laid out by the prosecution, the jury is given the charge to determine guilt or innocence based on the prosecution's presentation of the facts/evidence. To find guilt they must....all 12 jurors.....must all believe that the defendant is guilty of the charge(s) beyond a reasonable doubt. To find the defendant not guilty they must....all 12 jurors.....must all believe that the prosecution did not make its case, & all 12 jurors believe the defendant is not guilty of the charge(s) laid out by the prosecution based on the law provided to the jury by the Judge prior to their deliberations.
In this case, there was no "Hung Jury", where one or more jurors were not convinced beyond a reasonable doubt, causing a deadlock....a mistrial. In this case all the jurors agreed 100% that the prosecution did not make its case to convict on the charges it presented........2nd degree murder & 1st degree manslaughter.
Based on the defendant's testimony, he was the one who was responsible for not only his life, but the lives of his entire group.
Even though the victim seemed to follow all the officers commands, the victim made a fatal mistake.....he was warned not to make any other moves other than those instructed, & if he chose to do so there would be a high likely hood he would be shot. The victim seemed to understand, & seemed to follow all orders, that is until he made his fatal mistake. He motioned to behind his back, in the exact same fashion as a person going for a gun would....he raised his shirt, exactly like how a person would going for a gun, & whether he had a gun or not, the officer is trained to make a split second decision, to fire or not. Being this officer was responsible for the teams safety.....all the people in that hallway.....he felt this move presented a threat to himself & the team's safety, & as he warned earlier, he fired.....not because he wanted to, but because that is how he is trained to respond.
That's why the jury found him not guilty.....100% agreement by the jury.....they found him not guilty of the murder charge, & also the manslaughter charge.
I am familiar with the police procedures, & protocols regarding armed confrontation......I used to train law enforcement in these defensive procedures, & as long as the officer felt threatened....visible gun or no....this victim got himself shot dead because he made a stupid mistake.
It was a good shoot, the trial outcome was 100% correct based on the evidence, & I agree with the jury that this officer was 100% not guilty of any & all charges.
As long as people make stupid mistakes, & do stupid things, & don't follow ALL police instructions to a tee, they run the risk of getting themselves shot, & possibly killed.....this will be repeated (which it is, you only hear about a handful) over & over.
This victim, which I will no longer call a victim perpetrator, this Perpetrator caused the sequence of events that eventually led to his own death by ignorantly waiving a firearm out the window of the hotel, & then by not following the officers complete & explicit instructions, causing the officer to follow explicit procedures, & shoot this man....ending his life.
This death was the perpetrator's fault, not the officers, & you don't get a free pass in situations like this for stupidity.
[VIDEO]https://www.youtube.com/watch?v=7Ooa7wOKHhg[/VIDEO]
Source: CNN (CNN) New body camera footage captures the tense moments before an Arizona police officer shot an unarmed man dead last year, as the man begged officers not to fire.
Police in Mesa, Arizona released the footage last week, after a jury acquitted former Mesa officer Philip "Mitch" Brailsford of second-degree murder and reckless manslaughter charges related to the January 2016 shooting of Daniel Shaver, of Texas.
Brailsford shot Shaver after police responded to a call saying a man was pointing a rifle out of the window of a La Quinta Inn. The former officer testified he believed Shaver was reaching for a gun in his waistband as he moved toward officers, CNN affiliate KTRK/KPHO reported. No weapon was found.........
[VIDEO]https://www.youtube.com/watch?v=FoBrUV4OYNE[/VIDEO]