Rayshard Brooks: A justified use of deadly force, explained

[georgephillip]

Yes, that's exactly what I'm saying.

Are you aware Garrett Rolfe was involved in an earlier controversial shooting while on duty?

Atlanta cop who killed Rayshard Brooks had prior controversial shooting

"The Atlanta police officer who recently killed Rayshard Brooks was involved in another controversial police shooting in 2015 — a case that a local judge found so troubling, she's still bothered by it to this day..."

"But the details of the 2015 shooting haven't been widely reported. Rolfe was one of three officers who fired their guns that night.

"One of the bullets struck the suspect, Jackie Harris, collapsing his lung, according to court records.

"But the police report on the matter failed to mention the shootings. The judge in the case, Doris Downs, found that omission bizarre and outrageous."

 

[Meathead]

Yes, that's exactly what I'm saying.

Are you aware Garrett Rolfe was involved in an earlier controversial shooting while on duty?

Atlanta cop who killed Rayshard Brooks had prior controversial shooting

"The Atlanta police officer who recently killed Rayshard Brooks was involved in another controversial police shooting in 2015 — a case that a local judge found so troubling, she's still bothered by it to this day..."

"But the details of the 2015 shooting haven't been widely reported. Rolfe was one of three officers who fired their guns that night.

"One of the bullets struck the suspect, Jackie Harris, collapsing his lung, according to court records.

"But the police report on the matter failed to mention the shootings. The judge in the case, Doris Downs, found that omission bizarre and outrageous."

He's a cop dealing with thugs in Atlanta. Does this surprise you?

 

[TemplarKormac]

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)

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.

All of this bullshit, to cover up the fact that the police murdered a man who passed out in his car. He was endangered NO ONE. The cop fired 4 times in a crowded parking lot, hitting another occupied car. All of the actions of the officer violated police procedure and endangered the public.

The police officers were at no time in danger of being harmed. Mr. Brooks was compliant and reasonable. They murdered him, and kicked him as he lay dying. Stood on his body as he fought for his life.

I hope he spends the rest of his life in prison.

 

[TemplarKormac]

Yes, that's exactly what I'm saying.

Are you aware Garrett Rolfe was involved in an earlier controversial shooting while on duty?

Atlanta cop who killed Rayshard Brooks had prior controversial shooting

"The Atlanta police officer who recently killed Rayshard Brooks was involved in another controversial police shooting in 2015 — a case that a local judge found so troubling, she's still bothered by it to this day..."

"But the details of the 2015 shooting haven't been widely reported. Rolfe was one of three officers who fired their guns that night.

"One of the bullets struck the suspect, Jackie Harris, collapsing his lung, according to court records.

"But the police report on the matter failed to mention the shootings. The judge in the case, Doris Downs, found that omission bizarre and outrageous."

His past history is irrelevant to the charges brought against him.

 

[TemplarKormac]

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....

And according to every legal article I read, what the DA did was a catastrophic mistake. He grossly overcharged the officers, almost guaranteeing that they are exonerated by a grand jury.

As per your second contention, Brooks established himself as a "deadly threat" the moment he fired the taser. His willingness to use a weapon against police demonstrated that. It demonstrates that Brooks would have used any means at his disposal to prevent the police from subduing him.

And as per the next contention:

He was running away, yes, while pointing his stolen taser at the officer. Notice his positioning in the video. He turned his right arm and upper torso toward the officer while maintaining a forward motion. His back remained exposed to the officer who ultimately fired the shots. There was no way he was simply fleeing. He had a weapon. He fired. He died. His mistake, not the officer's.

No, he didn't. The cops KNEW the taser was empty, out of juice, because it had already been discharged twice. He was not a deadly threat to the officers...And they both knew this....

Sorry, also not true.

 

[LAUGHatLEFTISTS]

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)

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.

Facts aren't feelings....the leftists will not understand anything in your post.

 

[LAUGHatLEFTISTS]

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.

I understand. Just not sure I agree with any misdemeanor being a felony, much less one that comes with a year in jail and what amounts to six months income to most poor people. This country seems strangely obsessed with arresting, charging and locking people up for everything as if it were a solution to anything. How's it working so far? We have more laws to violate than anyone. Prison must be big business.

No other 1st world country even makes the list! Even Rwanda is 6th down from us! Something is wrong there (or here).

Most prisoners per capita by country 2024 | Statista

El Salvador struggles with high levels of violent crime, reflected in the fact that it has the largest prison population per capita worldwide.

www.statista.com

Great point. We should strive to be just like Rwanda.

 

[georgephillip]

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:

But not a death sentence, right?

 

[TemplarKormac]

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:

But not a death sentence, right?

Yes, actually, under Georgia law, Brooks made himself a threat to the police officers the moment he fired the taser at Rolfe's head.

Stop spewing your emotions at me.

 

[TemplarKormac]

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....

And according to every legal article I read, what the DA did was a catastrophic mistake. He grossly overcharged the officers, almost guaranteeing that they are exonerated by a grand jury.

As per your second contention, Brooks established himself as a "deadly threat" the moment he fired the taser. His willingness to use a weapon against police demonstrated that. It demonstrates that Brooks would have used any means at his disposal to prevent the police from subduing him.

And as per the next contention:

He was running away, yes, while pointing his stolen taser at the officer. Notice his positioning in the video. He turned his right arm and upper torso toward the officer while maintaining a forward motion. His back remained exposed to the officer who ultimately fired the shots. There was no way he was simply fleeing. He had a weapon. He fired. He died. His mistake, not the officers.

No, he didn't. The cops KNEW the taser was empty, out of juice, because it had already been discharged twice. He was not a deadly threat to the officers...And they both knew this...

Sorry, also not true.

Repetition is a great teacher.

 

[Blues Man]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

 

[TemplarKormac]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

False!

See post 34.

 

[Blues Man]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

False!

See post 34.

True.

After he fired that Taser it was useless as a weapon because it could not be fired again therefore he was no longer a threat to either cop

 

[toobfreak]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

The video shows otherwise. Quit talking out your ass. Point a cellphone at a cop and if he mistakes it for a weapon, thinks you are threatening him, he has a right to shoot you in self-defense.

If you weren't just another stupid ass, you'd realize that police cannot operate any other way. You've got a desperate man fighting with you trying to get away pointing a weapon and you've got a split second to assess the threat.

BANG. You're dead.

 

[TemplarKormac]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

False!

See post 34.

True.

After he fired that Taser it was useless as a weapon because it could not be fired again therefore he was no longer a threat to either cop

Once again, false.

 

[Meathead]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

False!

See post 34.

True.

After he fired that Taser it was useless as a weapon because it could not be fired again therefore he was no longer a threat to either cop

Apparently, he was a threat to his own children. In fact he did time for it.

Dead thugs are good things.

 

[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)

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.

The officer's life was not in danger.

 

[Blues Man]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

The video shows otherwise. Quit talking out your ass. Point a cellphone at a cop and if he mistakes it for a weapon, thinks you are threatening him, he has a right to shoot you in self-defense.

If you weren't just another stupid ass, you'd realize that police cannot operate any other way. You've got a desperate man fighting with you trying to get away pointing a weapon and you've got a split second to assess the threat.

BANG. You're dead.

But the cop knew it was a Taser.

The cop saw the Taser be fired

The cop saw that Taser shot miss him by a mile.

There was no reason for the cop to fear for his life from what he knew was a TAser

 

[TemplarKormac]

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)

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.

The officer's life was not in danger.

It didn't have to be. The law allows for use of deadly force if the officer feels serious bodily injury is imminent due to the use of a weapon. In this case, a taser, which was fired at his head. He must have known the taser wasn't spent, or he wouldn't have shot him. Even so, Brooks, if left to flee and left to his own devices, would be a threat to the surrounding community.

 

[Blues Man]

Right the cops should not be judge jury and executioner.

They have a right to self-defense. Quit advocating for anarchy, crime and lawlessness. Point a weapon at me and I'll cap your ass just as fast.

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.

Already pointed out Brooks WAS A direct threat. End of story. Cop will beat the charges. Throw a shovel of dirt on Brooks and be done with it. Scum got what he deserved.

And when Brooks was shot he was not a threat to either cop.

So the self defense claim will not stand.

False!

See post 34.

True.

After he fired that Taser it was useless as a weapon because it could not be fired again therefore he was no longer a threat to either cop

Apparently, he was a threat to his own children. In fact he did time for it.

Dead thugs are good things.

Irrelevant to this instance