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- Dec 11, 2011
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Not correct. Assault/battery first offense on a police officer is a misdemeanor offense in most places, felony in others. The only time the fleeing felon rule applies is when the suspect presents an imminent threat to the community if that subject is allowed to escape. I don't think that applies in this situation.
The Supreme Court ruling on shooting a fleeing unarmed suspect says if he presents harm to other officers or the public. He just resisted arrest and assaulted the officer. Sounds like in a few seconds judgement call the officer could easily make the case.