The fact that Mr. Cruther was uncooperative did not give the officer the right to use deadly force against him. Deadly force can be used to effect an arrest only in very limited situations.
“If the police officer had reason to believe that the suspect committed a felony involving the risk of physical harm or death to others such as murder, manslaughter, kidnapping, rape or burglary, he could use deadly force to effectuate an arrest. However, if the police officer was trying to apprehend a suspect who he reasonably believed had committed a victimless felony or a felony that involved no risk of physical harm to others, deadly force cannot be used.
“It is important to remember that a police officer is allowed to use force based on reasonable belief. Therefore, if a police officer reasonably believes that a suspect whom he is trying to arrest has committed a rape, the police officer may use deadly force, and that deadly force will be considered justified even if it turns out that the officer’s reasonable belief was wrong. See Bursack v. Davis, 225 N.W. 738 (Wis. 1929).
“The Model Penal Code follows the more modern view and allows the use of deadly force only in situations where the crime that the suspect is arrested for involved the use or threatened use of deadly force or if there is a substantial risk that the suspect would seriously harm or kill someone else if the arrest were delayed.”
Use of Force to Effectuate Arrest and to Prevent Crime
If all Mr. Crutcher did was try to get into is vehicle to drive away (unlikely since his vehicle was disabled), deadly force could not be used to prevent his escape. Generally, the police have no right to shot a suspect who is fleeing to avoid arrest. There is an exception only for those suspects who are considered dangerous felons, defined as those who have inflicted or threatened to inflict serious bodily injury or death. In the case of Tennessee v. Garner the United States Supreme Court (SCOTUS) reviewed a Tennessee law which allowed the police to use deadly force to prevent the escape of non-dangerous suspects The particular case involved a man who was suspected of burglarizing a home. The following are the relevant portions of the SCOTUS decision:
“The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”
“While burglary is a serious crime, the officer in this case could not reasonably have believed that the suspect - young, slight, and unarmed - posed any threat. Nor does the fact that an unarmed suspect has broken into a dwelling at night automatically mean he is dangerous.”.
“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.”
FindLaw's United States Supreme Court case and opinions.
CONCLUSION A policeman can use deadly force if – at the time such force is used - the policeman has a reasonable belief that it is necessary to prevent death or serious bodily injury to himself or an innocent third party; however, once the threat no longer exists the use of deadly force must cease. A policeman cannot use deadly force to prevent a suspect from escaping unless the suspect is considered to be a dangerous felon; nor can a policeman use deadly force to effectuate an arrest unless the suspect has committed a crime using deadly force.
Taking a life is a very serious matter and is only justified in extraordinary cases to prevent innocent people from suffering serious injury or death.
In one case previously discussed on this forum, on April 4, 2015, 50-year old Walter Scott was pulled over by Officer Slager for a broken tail light. There is no video of the initial encounter between Slager and Scott, but it was reported that Scott offered resistance and there was a minor scuffle between the two (neither Slager or Scott had any visible injuries). When Slager pulled out his taser Scott managed to wrestle it away from him. It was also reported that Scott fired the taser at Slager but missed. There was a video taken by an observer but it begins showing Scott running away from the scene and Slager shooting him in the back. The question is: did Slager have the right to use deadly force to prevent Scott's escape? I contendrf he did not. The police can use deadly force against a fleeing suspect only if the suspect is a dangerous felon. This means that the suspect has either inflicted or threatened to inflict serious bodily harm or death. Scott was not a dangerous felon by any stretch of the imagination. A minor scuffle with a policeman certainly does not make Scott a dangerous felon. The attempt to tase the officer certainly does not qualify because a taser is considered safe (many people have volunteered to be tased just to know what it feels like) and is routinely used in situations where deadly force would not be allowed.
A federal grand jury apparently agreed with my assessment and Officer Slager was indicted on May 11, 2016. According to the following link, “
The federal grand jury's indictment charged Slager with deprivation of rights under the color of the law, use of a weapon during the commission of a violent crime and obstruction of justice.
“The deprivation of rights charge is a death penalty offense, but the federal prosecutor's office has no interest in pursuing it, Assistant U.S. Attorney Eric Klumb said.”
Walter Scott shooting death: Grand jury indicts ex-officer - CNN.com