If you touch a cop's gun that is a felony.
If you punch or physically attack a cop that is battery on a LEO...another felony.
Brown committed at least 2 felonies...
Look at #3 below from the missouri statutes..
It was a good, legal shoot.
Law enforcement officer's use of force in making an arrest.
563.046. 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.
3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only
(1) When such is authorized under other sections of this chapter; or
(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested
(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
4. The defendant shall have the burden of injecting the issue of justification under this section.
3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is
justified in using deadly force only
(1) When such is authorized under other sections of this chapter; or
(2)
When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest AND also
reasonably believes that the person to be arrested
(a) Has
committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
While you are presuming Brown committed 2 felonies, the evidence and witness testimony hardly supports that conclusively.
But let's say he did. Wilson will need to prove he reasonably believed that such use of deadly force is immediately necessary to effect the arrest.
From what I've read, heard and watched it will take a very
liberal interpretation of
reasonably believed to support that deadly force was
immediately necessary. He was roughly 20 feet away by most accounts, unarmed, had his arms up to some extent, and he was already shot - most probably several times before the fatal shot. It's also possible, if not likely the fatal shot came when he was already down considering the 2 head shots. One struck the crown of his head the other, the other above the eye exiting the bottom of his jaw. ( He was 6, 4").
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