Video shows him shooting a fleeing man and then moving evidence from it's original place to next to the body of his victim.
Or so it appears. We don't know what else went into the event.
Again, the Eric Garner episode looked very damning until the evidence came out at trial. Changed everything.
I agree that the jury ends up making the call given all the evidence but there is no police protocol that justifies shooting an unarmed person who is running away.
There is one exception. A policeman has the right - some would say a duty - to use deadly force to prevent the escape of a dangerous felon:
“
Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given. As applied in such circumstances, the Tennessee statute would pass constitutional muster.”
Tennessee v. Garner Cop Block
The entire case may boil down to this question: Did officer Michael Slager have probable cause to believe that Walter Scott committed a crime involving the infliction or threatened infliction of serious physical harm. From what I have read about the case so far, such probable cause did not exist. But that is just my humble opinion and I know enough about the law to know that jury verdicts are often unpredictable. My best guess: plea bargain; however, if it goes to court, conviction.
A fleeing suspect with a weapon might be probable cause. However the officer was the only one with any weapons and we only have his word about the taser. The fact that he picked it up and placed it next to the body in order to incriminate his victim looks like a post facto attempt to hide his own culpability.
You are correct. However, even if Scott tasered Slager that act alone would not give Slager the right to shoot him. In order for the police to use deadly force to prevent an escape, the law requires that the fleeing suspect must have used or threatened to commit
serious bodily harm. The question is whether the use of a taser constitutes such harm. I have not been able to find any case law that deals with this subject on all four points; however, I do know that tasers are considered to be relatively safe, especially when used on a healthy person as most policemen are. Further the effects of the taser are short lived. I cannot comprehend how anyone could possibly view the use of a taser as committing serious bodily harm. But, hey, the whole ******* world is crazy now and the only thing you can be sure of is that it's going to get even crazier.
I fully expect the prosecution to go into great detail about how common tasers are and how, over a period of years, they have proven to be effective and safe. The prosecution will also argue that Slager was tasered in a struggle for the taser, meaning that Scott did not intentionally taser him. The prosecution will also make a major issue out of Slager's obvious lies. In this case, if I had to represent one side or the other I would much prefer to be on the side of the prosecutors.
My analysis. Scott never committed nor threatened to commit serious bodily injury to Slager. All he wanted to do was run away to avoid going to jail. What Slager did was unconscionable and illegal. I still go with my prediction: plea bargain (I think Slager would be foolish not to); however, if it goes to a jury, conviction.
OK, ladies and gentleman, I have said everything I intended to on this subject so I will give you all the last word.