Shooting an unarmed suspect could be justified, according to the law 36 Print Email August 11, 2014 5:20 pm • By Jennifer S. Mann jmann@post-dispatch 314-621-580472 St. Louis County Police Chief Jon Belmar (left) delivers remarks as Ferguson Police Chief Thomas Jackson listens during a news conference in Ferguson on Sunday, Aug. 10, 2014. The men addressed issues surrounding the fatal shooting of Michael Brown, 18, by Ferguson police on Saturday. (AP Photo/Sid Hastings) (1) More Photos ST. LOUIS • The fact that Michael Brown was unarmed and possibly fleeing when a Ferguson police officer shot him does not necessarily mean the use of force was unjustified in the eyes of the law. As federal and local authorities begin investigating the case, the key question will be whether the officer had reason to believe Brown, 18, posed a threat — gun or no gun. The courts, out of concern for public safety and recognizing the dangers of an officer’s job, have traditionally given police a lot of latitude on that front, experts say. “The federal courts are very clear that there are times and places where officers are allowed to shoot people in the back when they are running away, even if they are unarmed,” said David Klinger, a criminal justice professor at the University of Missouri-St. Louis and expert on police shootings. Klinger, a former police officer, pointed to the 1985 U.S. Supreme Court case, Tennessee vs. Garner. In that case, two police officers responding to a burglary encountered a fleeing suspect and shot him dead as he tried to climb over a fence. The officer who fired had no reason to believe the suspect was armed. In a 6-3 opinion, the court held that “deadly force may not be used unless it is necessary to prevent the escape and the officer had probable cause to believe that the suspect posed a significant threat of death or serious physical injury to the officer or others.” While the court ruled that the officer was wrong to shoot, because he was dealing with a nonviolent felon, the decision set out the circumstances by which deadly force is justified: when dealing with a violent felon who could harm the officer or others, Klinger said. Language from that case, in some variation, now appears in police manuals across the country. St. Louis County Police Chief Jon Belmar said in a news conference Sunday that Brown first pushed the Ferguson officer into his car and “assaulted him.” Belmar said one shot was fired from the officer’s gun inside the car during the struggle, hitting no one, and that the officer then fired multiple times. Officials have refused to provide a more detailed account, pending further investigation. Klinger said that if an investigation shows the earlier struggle did occur as described, even if Brown was fleeing, it could be grounds for justifying the shooting. Belmar has promised a thorough investigation into the shooting. Ed Magee, a spokesman for Prosecuting Attorney Robert McCulloch, said the office will be reviewing the case — as it does with all officer-involved shootings — for any potential criminal charges. On Monday, County Executive Charlie Dooley announced that the FBI will conduct its own investigation. The FBI would be looking to see whether there was evidence the officer violated federal civil rights laws in his use of deadly force.
Posted on: Tue, 21 Oct 2014 14:49:29 +0000
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