If everything in the article is true, the officer is still going to jail. A policeman can use deadly force in only two situations: (1) he has a reasonable belief that such force is necessary to prevent someone from inflicting death or serious bodily injury to himself or another party; and (2) to prevent the escape of a dangerous felon (a dangerous felon is described as a suspect who has inflicted or threatened to inflict serious bodily injury or death). Since Scott was running away, the officer's a claim of self defense is laughable; therefore his only legal defense is that Scott was a dangerous felon. Here is what the law says
“In
Tennessee v. Garner, the Supreme Court of the United States (SCOTUS) examined a Tennessee State statute which allowed the police to use deadly force against ALL fleeing felony suspects. The SCOTUS disagreed, ruling that deadly force could only be used to prevent the escape of a dangerous felon. The following are pertinent portions of the Supreme Court's Court's findings (highlights are my own):
“The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects.
“However, it is not unconstitutional on its face. Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given. As applied in such circumstances, the Tennessee statute would pass constitutional muster.”
Tennessee v. Garner | Cop Block
It all boils down to this: At the time deadly force was used against him was Walter Scott a dangerous felon. I say no way. Mere nonpayment of child support certainly doesn't cut it. Wrestling with a police officer doesn't cut it either. Even trying to disarm the officer by reaching for his gun doesn't cut it since there is no proof of any kind that he intended to use it against the officer (perhaps he just didn't want to get shot, and in this case he had a reasonable basis for his belief). There is but one remaining question: Is the attempted use of a taser a threat of serious bodily injury or death? Reasonable people may disagree on this issue but my personal opinion is that the it is not. My research has shown that the use of a taser poses no threat of death or serious bodily injury to a person in normally good health. Since police offers are presumed to be in normally good health being tasered is not big a deal. I have read about people volunteering to be tasered multiple times to show the effects of being tasered and in each case the effects were temporary. Temporary pain is not a serious bodily injury
Now, here comes a complicated legal issue: If the use of a taser poses a substantial risk of death or serious bodily injury, then police should be prohibited from using it except in cases of self defense or to prevent the escape of a dangerous felon. The use of a taser to prevent the escape of most criminals would be illegal and would subject the police departments to lawsuits against which there is no defense.
But all of this is only my own personal and very humble opinion (and yes I lied about the humble part).