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I read it- nothing about tasers---the guy was running away--and drunk at that. however:
Felony Resisting Arrest: What Does the Prosecutor Have to Prove?
In order to secure a conviction for resisting arrest, the prosecutor must produce evidence on the following issues, called the “elements” of the offense, and the judge or jury must decide that the prosecutor has proved each one of them beyond a reasonable doubt. While the elements of the crime may vary from state to state, usually all of the following must be true:
The defendant intentionally resisted or obstructed a law enforcement officer. This means the defendant intentionally acted in a way to hinder the arrest. However, the person need not have intended the result or harm that his actions caused.
The defendant acted violently toward the law enforcement officer or threatened to act violently. For example, striking or pushing the officer would satisfy this requirement. Similarly, a defendant’s threat to strike an officer with an object in the defendant’s hand would also satisfy this requirement.
I will let the lawyers figure it out--for this case--as the man was not in his right mind and that is obvious- this is general law not specific to GA. BUT these laws must change- can't just keep shooting people in the back.
Now days we can find the mosquito who bit you and flew out the window..., in his case he would have been easy to find.
Always entertaining to se the 'law & order party' in action.
just
Can your brain fathom the possibility that law and order means not falsely charging a cop with felonies to placate a riotous mob, or is that too far above the frenzy for you?
Brooks was pointing a Tazer at the cops when he was shot.
A Tazer that he wrestled off the officer in the course of resisting arrest and is considered a lethal weapon under Georgia law.
A fact which the DA charging Officer Rolfe is on tape confirming.
If that doesn't set up an case for dismissal, I'm not sure what does.
That was my understanding shortly after the news story broke. If I understand correctly, Brooks turned around to fire the Taser, then turned forward again to run, and was shot in the back.
An important, but unanswered (for me) question is: how much time elapsed between the Taser being fired, and the fatal bullet being fired? If the officer was already in the process of shooting in response to the Taser, but Brooks turned around just in time to be hit in the back, that seems more justifiable than if a few seconds had elapsed.
Nearly half the 184 Georgians shot and killed by police since 2010 were unarmed or shot in the back, an Atlanta Journal-Constitution/Channel 2 Action News investigation has found.
NO- its their fault for allowing the culture to fester. I lived in Jax Fl. when I was younger, we knew to never go to GA especially at night...
Should just point out that 184 is 18.4 deaths per year, compared to roughly 700+ people killed by other civilians in Gerogia every year. This whole notion that there is an epidemic of police killings just is not borne out by the numbers at all, and each instance has to be looked at individually. A savage killing like George Floyd in Minnesota is extremely rare, the vast majority of killings happen with non-compliant criminals where the officer is defending him/herself or others
Brooks was pointing a Tazer at the cops when he was shot.
A Tazer that he wrestled off the officer in the course of resisting arrest and is considered a lethal weapon under Georgia law.
A fact which the DA charging Officer Rolfe is on tape confirming.
If that doesn't set up an case for dismissal, I'm not sure what does.
Again the point of contention is whether the officer knew that the taser had been discharged and could not be fired, being that is his weapon I would argue that he should have known.
It is not GA law that a taser is a lethal weapon the DA, the GA SC said that Tasers maybe considered OFFENSIVE WEAPONS that are likely to result in serious bodily injury. [Harwell v. State, 512 S.E.2d 892 (Ga. Sup. Ct. 1999] This is an important distinction because use of deadly force is allowed if a felon is fleeing with something capable of delivering serious bodily injury. The issue is that the taser was discharged by the shooting officer so he should have known it was as useless as a gun with no bullets.
Should just point out that 184 is 18.4 deaths per year, compared to roughly 700+ people killed by other civilians in Georgia every year. This whole notion that there is an epidemic of police killings just is not borne out by the numbers at all, and each instance has to be looked at individually. A savage killing like George Floyd in Minnesota is extremely rare, the vast majority of killings happen with non-compliant criminals where the officer is defending him/herself or others
I think 18 unarmed killings a year is way too much. If your cab company advertise they only kill 18 passengers a year in crashes but thats great because 700 people a year die in crashes, you would go out of business.
Again the point of contention is whether the officer knew that the taser had been discharged and could not be fired, being that is his weapon I would argue that he should have known.
It is not GA law that a taser is a lethal weapon the DA, the GA SC said that Tasers maybe considered OFFENSIVE WEAPONS that are likely to result in serious bodily injury. [Harwell v. State, 512 S.E.2d 892 (Ga. Sup. Ct. 1999] This is an important distinction because use of deadly force is allowed if a felon is fleeing with something capable of delivering serious bodily injury. The issue is that the taser was discharged by the shooting officer so he should have known it was as useless as a gun with no bullets.
I mean sitting there at your device you have the benefit of thinking everything through. That officer had just been punched in the face and the drunken driver was pointing a taser at him. He had to make a split second decision, this is the situation the police are in. And absolutely all of this could have been avoided (1) if Brooks did not drink and drive or (2) Brooks had let himself be arrested and dealt with things in the court like everyone else
I mean sitting there at your device you have the benefit of thinking everything through. That officer had just been punched in the face and the drunken driver was pointing a taser at him. He had to make a split second decision, this is the situation the police are in. And absolutely all of this could have been avoided (1) if Brooks did not drink and drive or (2) Brooks had let himself be arrested and dealt with things in the court like everyone else
That is what cops are trained for, that is what that guy signed up for when he joined the force. I dont think he is murderer just a cop who is bad at his job or lacks the aptitude.
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