Directed at whom? nhbbear?
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Not Oeshon. El Viejito/proboxerinsideme made a legitimate excessive cop thread, then marred it when I would not take the initial bait, so he made comments about the "cops that post here" but he balked and lied when he claims that was not directed at me.
As for this incident, I think in 4th amendment standards which are judged based upon rapidly unfolding events(check), the information the officers had available at the time(very limited), and whether a reasonable officer would believe that a potential threat would exist(would a reasonable officer think the bean-bag rounds was an active gun battle?) and Tennessee v Garner-regarding shooting a fleeing felon being permissible only if that person's escape presents a clear danger to the community...
The victim got into an altercation with a security officer at target, pulled scissors on an officer, then ran to a vehicle where he led officers on a 15 minute pursuit which led to a several minute stand-off. Officers did not approach at this time because they did not know if he had a firearm, or something more deadly than scissors or a stick. He then fled from the vehicle, and less-lethal rounds having failed, he encountered a different police agency that heard the bean bag rounds, and mistaking them for gun fire, shot and killed this man.
Is it a good shoot? No, far from it. But it was an all around clusterfuck, in which the victim had plenty of opportunities to surrender, but he chose wrong at every turn. He took advantage of the police not wanting to approach for fear of a weapon, and he gambled his life and lost. What I wonder is if he would have still been shot if the less lethal rounds had not been fired.
