Rayshard Brooks: A justified use of deadly force, explained

[NewsVine_Mariyam]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

They had just frisked him so they knew he was unarmed, that is until he relieved one of the officers of their taser.

The taser is day-glow yellow presumably so that the officers don't inadvertently confuse it with their firearm.

So since they had already frisked him and determined him to be unarmed, and knew that the only weapon he had access to and had acquired was one of their bright yellow tasers, then in my opinion, yes they knew he was not armed with a deadly firearm that could shoot and kill them from a distance.

That was before the resisting arrest and borderline (if not confirmed) assault.

Again, I'm going strictly from memory here because I just don't have the energy to view anymore video, but if they had Brooks in their physical custody and sight the entire time between them frisking him and him wrestling with them on the ground and then abscounding, how and from where could he have acquired a deadly firearm?

Yes, Brooks should not have resisted arrest. Yes, Brooks should not have gotten into a physical altercation with the police officers. Yes, Brooks should not have taken their taser. Yes, Brooks should not have pointed the taser at them and fired it. Yes, all of those things were not only bad but unlawful but the penalty as prescribed by our laws for none of those actions is immediate death, particularly since he was attempting to escape and therefore was no longer posing a threat to the officers, as evidenced by the fact that he was shot in the back.

I understand your reasoning and I understand the reasoning of the OP and his supporters however none of those opinions aligns with the conditions under which you can use deadly force. Even the fleeing felon doctrine would not cover this, in my opinion.

 

[2aguy]

Why did the DA feel the need to rush these charges and not give the GBI the chance to fully investigate the incident?

This guy walks, I'd put my life on it.

Because he had the video evidence from numerous sources and looked at what happened from all sides and directions.

Here...what a real prosecutor says about the case....

The Fulton County DA’s decision to charge officer Garrett Rolfe with murder struck me as highly dubious. It strikes Andy McCarthy as outrageous. Having read his article, I’m with Andy.

The murder charge is “felony murder.” This is an effort to get around the difficulty of proving that Rolfe intended to kill Rayshard Brooks. As McCarthy explains, “the homicide theory of felony murder is that, while the offender does not specifically intend to cause death, he does intentionally commit a felony from which death results.”

There still needs to be a felony, though. In this case, the alleged felony is aggravated assault with a deadly weapon.

However, says McCarthy, this underlying allegation “is ludicrous.” When a suspect forcibly resists arrest and steals an arresting officer’s taser, shooting back at the suspect is not aggravated assault.

Nor will it do for the prosecution to argue that, when Brooks shot at Rolfe with a taser, he wasn’t using deadly force. As McCarthy points out, the DA, Paul Howard, Jr., recently deemed a taser a deadly weapon under Georgia State law.

Howard made this statement when it was a police officer’s use of a taser that was in question. But, if anything, a taser is more deadly in the hands of a non-policeman. At least police officers are trained to use tasers safely.

Howard’s charging of Rolfe isn’t just unfounded, it is transparently political — an attempt to appease a mob. Why else would he bring the charges so quickly, before the Georgia Bureau of Investigation has completed its investigation?

Howard’s charge is probably also political in the direct, electoral sense. He’s seeking reelection, and trailing his opponent in the polls, while contending with sexual-harassment accusations by two women who worked in his office. Furthermore, according to McCarthy, there are allegations that Howard violated campaign-finance laws. The state ethics commission is looking into those.

An outrageous prosecution in Atlanta

The Fulton County DA’s decision to charge officer Garrett Rolfe with murder struck me as highly dubious. It strikes Andy McCarthy as outrageous. Having read his article, I’m with Andy. …

www.powerlineblog.com

 

[candycorn]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

They had just frisked him so they knew he was unarmed, that is until he relieved one of the officers of their taser.

The taser is day-glow yellow presumably so that the officers don't inadvertently confuse it with their firearm.

So since they had already frisked him and determined him to be unarmed, and knew that the only weapon he had access to and had acquired was one of their bright yellow tasers, then in my opinion, yes they knew he was not armed with a deadly firearm that could shoot and kill them from a distance.

That was before the resisting arrest and borderline (if not confirmed) assault.

Again, I'm going strictly from memory here because I just don't have the energy to view anymore video, but if they had Brooks in their physical custody and sight the entire time between them frisking him and him wrestling with them on the ground and then abscounding, how and from where could he have acquired a deadly firearm?

From one of the policemen he was struggling with. That is why I asked about the time between the struggle and his being shot and killed. If he's taken one weapon, there is no reason to presume he didn't take more than one weapon. In a 4-5 second time span.... I find it hard to blame the cops for this.

Yes, Brooks should not have resisted arrest. Yes, Brooks should not have gotten into a physical altercation with the police officers. Yes, Brooks should not have taken their taser. Yes, Brooks should not have pointed the taser at them and fired it. Yes, all of those things were not only bad but unlawful but the penalty as prescribed by our laws for none of those actions is immediate death, particularly since he was attempting to escape and therefore was no longer posing a threat to the officers, as evidenced by the fact that he was shot in the back.

I understand your reasoning and I understand the reasoning of the OP and his supporters however none of those opinions aligns with the conditions under which you can use deadly force. Even the fleeing felon doctrine would not cover this, in my opinion.

Good stuff. I just disagree.

 

[NewsVine_Mariyam]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

They had just frisked him so they knew he was unarmed, that is until he relieved one of the officers of their taser.

The taser is day-glow yellow presumably so that the officers don't inadvertently confuse it with their firearm.

So since they had already frisked him and determined him to be unarmed, and knew that the only weapon he had access to and had acquired was one of their bright yellow tasers, then in my opinion, yes they knew he was not armed with a deadly firearm that could shoot and kill them from a distance.

That was before the resisting arrest and borderline (if not confirmed) assault.

Again, I'm going strictly from memory here because I just don't have the energy to view anymore video, but if they had Brooks in their physical custody and sight the entire time between them frisking him and him wrestling with them on the ground and then abscounding, how and from where could he have acquired a deadly firearm?

From one of the policemen he was struggling with. That is why I asked about the time between the struggle and his being shot and killed. If he's taken one weapon, there is no reason to presume he didn't take more than one weapon. In a 4-5 second time span.... I find it hard to blame the cops for this.

Yes, Brooks should not have resisted arrest. Yes, Brooks should not have gotten into a physical altercation with the police officers. Yes, Brooks should not have taken their taser. Yes, Brooks should not have pointed the taser at them and fired it. Yes, all of those things were not only bad but unlawful but the penalty as prescribed by our laws for none of those actions is immediate death, particularly since he was attempting to escape and therefore was no longer posing a threat to the officers, as evidenced by the fact that he was shot in the back.

I understand your reasoning and I understand the reasoning of the OP and his supporters however none of those opinions aligns with the conditions under which you can use deadly force. Even the fleeing felon doctrine would not cover this, in my opinion.

Good stuff. I just disagree.

Thanks for doing so without the insults.

 

[Crixus]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

 

[RealDave]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

BS. They knew what he had. They knew he was not armed.

So what would you do wher a cop wrongfully kills someone? a week paid suspension?

 

[RealDave]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

And whyt the fuck can't you see that this is the problem?

Maybe we all should do this. "My neighbor stopped over & started a fight & we wrestled around because I threw trash on his property...so I shot & killed him" Really?

 

[candycorn]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

BS. They knew what he had. They knew he was not armed.

So what would you do wher a cop wrongfully kills someone? a week paid suspension?

If he wrongfully kills someone, you investigate and press charges.
I don't think that was the case here. And I doubt the jury will convict the cop of murder. All hell will break loose when he is acquitted but it will be the right decision.

 

[candycorn]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

And whyt the fuck can't you see that this is the problem?

Maybe we all should do this. "My neighbor stopped over & started a fight & we wrestled around because I threw trash on his property...so I shot & killed him" Really?

If he pointed a weapon at you, you would likely be acquitted of a murder charge should it be filed.

 

[Meathead]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

BS. They knew what he had. They knew he was not armed.

So what would you do wher a cop wrongfully kills someone? a week paid suspension?

If he wrongfully kills someone, you investigate and press charges.
I don't think that was the case here. And I doubt the jury will convict the cop of murder. All hell will break loose when he is acquitted but it will be the right decision.

A rare moment of lucidity, fleeting I'm sure.

 

[RealDave]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

And whyt the fuck can't you see that this is the problem?

Maybe we all should do this. "My neighbor stopped over & started a fight & we wrestled around because I threw trash on his property...so I shot & killed him" Really?

If he pointed a weapon at you, you would likely be acquitted of a murder charge should it be filed.

a taser, while running away?

 

[RealDave]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

You can't be a police officer and not expect to encounter people who are drunk, belligerent, wanting to fight, etc. You can't just shoot them, not legally that is.

Right. Except there is a difference between being drunk, belligerent, and wanting to fight and actually fighting and pointing a weapon at a cop in hot pursuit. The cops acted appropriately.

If it had a been a firearm then I'd say have at him. But it wasn't a firearm.

How much time was it between the brooks taking the cop's taser and his being shot?

I don't know, I've seen the video but don't recall the time frame. If I had to guess just based on what I can recall from my memory I'd say maybe between 4 and 5 seconds or so?

Do you think its possible that the police didn't know what weapon the guy had in his hand? I personally don't really care; you point a weapon at the cops and they are perfectly justified in shooting you. But I would imagine they didn't do a weapons check with one another in 4-5 seconds and know what he had on him. Again, if I were on the jury, I would never vote to find the cop guilty of murder.

BS. They knew what he had. They knew he was not armed.

So what would you do wher a cop wrongfully kills someone? a week paid suspension?

If he wrongfully kills someone, you investigate and press charges.
I don't think that was the case here. And I doubt the jury will convict the cop of murder. All hell will break loose when he is acquitted but it will be the right decision.

Two things may happen.

1) He gets covicted or murder or maybe manslaughter.

2) He gets acquitted proving that our system needs to be trashed & replaced. There was no reason that this guy running away needed killed. NONE.

 

[candycorn]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

And whyt the fuck can't you see that this is the problem?

Maybe we all should do this. "My neighbor stopped over & started a fight & we wrestled around because I threw trash on his property...so I shot & killed him" Really?

If he pointed a weapon at you, you would likely be acquitted of a murder charge should it be filed.

a taser, while running away?

Yes.

 

[gipper]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

not a capital crime

That's not what got him killed. Pay attention.

Nothing he did was a capital offense.

The only time the cops would have been justified in shooting Brooks was during the actual physical altercation.

Capital offense? That is a court ruling. Cops are not courts.
Brooks WAS shot during the altercation. He took a weapon from the officer, turned and pointed it at him. Had it been his pistol, that cop would likely be dead. Had he connected with that taser, the officer would be down, then Brooks would have been free to come back, get his service pistol, and do God knows what with it.

1. First rule officers are train with is to use deadly force as needed when they feel their life may be at risk.
2. Second rule officers are trained with is to protect the community.

You wanna fight with a cop, assault him, resist arrest, take his weapon and try to use it on him, then ALL BETS ARE OFF, JACK, bend over and grab your ankles. If a cop can't even defend himself, then he might as well resign and not be a cop. NO ONE will want to work as police if every confrontation they have, the criminal has all of the rights and they have none.

The police represent AUTHORITY. Disobey it at your own risk.

Right the cops should not be judge jury and executioner.

Cops do not have the permission to shoot a person that is not a direct threat to them or to another person in the immediate area.

Agreed. That should be the way things are, but they’re not. Cops have been executing non-theatening people for a long time and they get away with it.

Welcome to our wonderful police state.

 

[harmonica]

''''my daddy is a better criminal than yo daddy'''''
...'''my daddy bees the best criminal eva'''''
...my daddy got mo $$$$$$ for bing murdered by white racist cops than yo daddy'''''

 

[RealDave]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

And whyt the fuck can't you see that this is the problem?

Maybe we all should do this. "My neighbor stopped over & started a fight & we wrestled around because I threw trash on his property...so I shot & killed him" Really?

If he pointed a weapon at you, you would likely be acquitted of a murder charge should it be filed.

a taser, while running away?

Yes.

So, when is a police office not justified in shooting someone?

" I feared for my lfe" OK

"He thought he was reacjing for his waistband" OK

"He was blc k & a black guy has been robbing cars" OK

" I thought his cellphone was a gun" OK

 

[Care4all]

However, I do feel a $5000 fine and a year in jail is way excessive just for punching someone in the face.

He punched an officer in the face, which escalated it to an aggravated misdemeanor, and ergo, felony resisting arrest.

Still not punishable by death.

I will let the law decide that. Not you. What other recourse was left to the officer after he had a taser fired at him?

This armchair quarterbacking is getting old. You all accuse me of lacking understanding, but it is you who REFUSE to understand.

Isn’t that what you are doing?

If you feel there is no other recourse...maybe the question is,what sort of training do tbe get that they should feel there is no alternative short of lethal force For a drunk driver?

No. I am not. I am stating facts and information, backed with evidence and legal precedent. Most of the arguments I have encountered in this thread thus far have either been emotional or irrelevant to the situation at hand.

It wasn't that he was a drunk driver, it was the moment he chose to become a violent felon while resisting arrest. Had he fully cooperated with those officers, we wouldn't be in this thread lofting well-intended points over each other's heads.

I do not think you are as dispassionate as you claim. You choose to follow one of two branching paths to your conclusion: what could Rashard have done differently to have prevented his death.

What about the other path?

I never claim to be completely dispassionate, Coyote. But I follow where the trail leads, whether that be a destination I like or a destination I don't.

Logic is a factor here as well. What would you have done in the officer's shoes at that moment in time? Lets say you had the legal expertise and training that officer had. What would you have done?

You don't get time to weigh your options with a violent assailant, you either let him flee or you stop him by whatever means are available. If he presents danger to both you and the greater community, the time for exacting mercy on the assailant has passed. Your main considerations are those of the safety of you and your colleagues and of the surrounding populace.

Actually, when you carry a weapon you are supposed to know what to do and know ahead of time what you will do BEFORE you ever find yourself in that situation instead of trying to figure out what to do in a split second.

Can't wait to see where THAT is written that you have to be psychic in order to carry a gun for self-defense. BOTTOM LINE: When you feel your life (or someone else's) is in danger, you shoot to prevent it.

WHY DO ALL YOU ASSES KEEP DANCING AROUND THE CENTRAL ISSUE?

Had Brooks not put up a fight, resisted arrest and threatened an officer with a weapon, NONE OF THIS WOULD HAVE HAPPENED.

Brooks had not been told he was under arrest for DUI..... Hard to believe they had him held there for 45 minutes and not once by either cop, told that he was under arrest, and for what, and his Miranda rights given.

How can that happen?

 

[RealDave]

''''my daddy is a better criminal than yo daddy'''''
...'''my daddy bees the best criminal eva'''''
...my daddy got mo $$$$$$ for bing murdered by white racist cops than yo daddy'''''

You wake up being a racist fuck

 

[rightwinger]

I think the DA clearly threw the Book at the officers.... listed every violation, no matter how small....

It ain't a term for nothing.


The drunk Mr Brooks being shot in the back while running away, was absolutely, uncalled for, they were not faced with a deadly threat....

I think a taser is a deadly threat.

Brooks not only had it but used it against the officer. While the taser is supposed to be non lethal, an officer twitching on the ground can have his head stomped in by the guy holding the taser.

 

[candycorn]

Rayshard Brooks: A justified use of deadly force, explained

What Brooks did by punching an officer in the face was an aggravated misdemeanor, punishable by a $5,000 fine and up to 1 year in jail (see Ga. Code Ann. § 17-10-4.).

GA CODE § 16-5-23 (e)

(e) Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Brooks, by resisting arrest, punching the officer in the face and later firing a taser at the police officer was guilty of a felony under Georgia Law, punishable by a maximum of five years in jail:

GA CODE § 16-10-24 (b)

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


GA CODE § 16-11-123

As soon as Brooks gained possession of the taser, he was facing five years in jail for illegally possessing a firearm. As the law states:

"A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."

GA CODE § 16-11-106 (a)

Tasers are considered firearms under Georgia Law:

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

GA CODE § 16-5-21 (c)(1)(A)

What Brooks did with the taser he stole would have warranted 10 to 20 years in jail under Georgia law had he survived the encounter. As stated above (in § 16-11-106), tasers are classified as firearms:

(c)

(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

GA CODE § 16-3-21 (a)

First conclusion: Officer Rolfe was justified in using deadly force to prevent the commission of a "forcible felony" (as defined in GA CODE § 16-11-131), given that the one or more of the above offenses committed by Brooks would have resulted in imprisonment of more than one year in jail:

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23-, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

GA CODE § 17-4-20 (b)

Second conclusion: Rolfe was permitted to use deadly force to apprehend the felon or misdemeanant:

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


I won't dive into the federal offenses he committed before he died. I am making the case that the police followed Georgia law to the letter. A grand jury will likely not convict Rolfe and Bronson based on these facts.

I challenge you, the reader, to prove me otherwise.

I agree with them that say the man's shooting was bad. It shouldn't have happened.no one made that man drive drunk. Had dude just called a cab none of this would have happened. Weather this cop walks or not his life is destroyed. As for the black community, if they want equality they need to learn some accountability. You fight cops you stand a decent chance of getting shot.

And whyt the fuck can't you see that this is the problem?

Maybe we all should do this. "My neighbor stopped over & started a fight & we wrestled around because I threw trash on his property...so I shot & killed him" Really?

If he pointed a weapon at you, you would likely be acquitted of a murder charge should it be filed.

a taser, while running away?

Yes.

So, when is a police office not justified in shooting someone?

" I feared for my lfe" OK

"He thought he was reacjing for his waistband" OK

"He was blc k & a black guy has been robbing cars" OK

" I thought his cellphone was a gun" OK

When Mr. Brooks pointed the weapon at the police officer, the police officer was fully within his training and experience to defend himself.