"The operable word in that sentence is "believe." Tennessee v. Garner introduced the idea that officers did not need to actually be physically threatened in order to use lethal force — they just needed to have "probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or others" in order to use that force.
What looked like a victory for those fighting against police brutality was actually a neutron bomb that would destroy thousands of cases of legitimate instances of police violence. By introducing belief, which apparently does not have to be rooted in fact, into what police are allowed to claim, it is now nearly impossible to prove what officers do or do not believe. The burden of proof to refute the claims of what an officer says he or she believes is so outrageously high, that pretty much the only thing that could contradict it would be a recording or testimony of some type in which it is proven that the officer did not believe they were in danger and is only faking the belief for the sake of the legal case against them. Consequently, once an officer claims that they believed they were in danger, or that the community was in danger, that case, and any case like it, is dead in the water."
"The Supreme Court, in Graham v. Connor, determined that "reasonable use of force" by an officer must be viewed from the perspective of what appeared reasonable in the moment of its application — not from 20/20 hindsight. In other words, even though those Charlotte cops were absolutely wrong to do what they did based on the actual facts of the case, because all of those facts were not available to them when they assaulted Graham and deprived him of medical attention, or even a bottle of juice, they can't be held liable for their actions. Officers, therefor, are fully empowered to act in the moment, even if just a little bit of restraint would've proven those actions to be completely egregious."
I heard that the judge refused to let that fact be taken into consideration and told the jury they were only supposed to consider the case in the very moment before the shooting. They weren't allowed any context essentially.
I have no idea how the **** that makes any sense in a court of law. Disgusting.
So he was cheating on his wife? He was taking shots in his hotel room with a gal he just met earlier that night and was showing off his pellet guns in public view (which is why the police were called because it was reported to be a rifle).
What a strong punishment for showing off pellet guns and cheating on your wife.
IMO he was if you look at context. Okay first the thing he has on his gun("You're F*cked" etched into it), I dunno, that in itself means nothing, but it seems like some possible a trigger happy person would do. Then combine it with the video. The way he keeps screaming at the guy and saying he will shoot him if he messes up.
It just feels like he was purposely escalating the situation to get the guy to make some mistake. When you have guns pointed at you like that and shouting and the guy wasn't just giving warnings about firing he seemed more giddy about it...I don't know why they didn't tell him to lay face down and not move and then come pat him down. Determine if he has a weapon, then order him to get up and move.
"If you make a mistake, another mistake, there is a very severe possibility that you’re both going to get shot. Do you understand?” Sgt. Charles Langley yells before telling Shaver to “shut up.”
“I’m not here to be tactical and diplomatic with you. You listen. You obey,” the officer says."
This is not a normal police officer giving a suspect a warning about being fired upon. This goes beyond that.
I'm not saying he rolled up to this incident already planning this, but he seems like a textbook trigger happy psychopath. I know there can be adrenaline going in moments like this, but he just seems to enjoy scaring the guy to death and then takes advantage of a reason to fire.
__________________ "I know it's gonna work because it's impossible"-George Lucas
Last edited by Surtur on Dec 9th, 2017 at 05:51 PM