Tuesday, November 25, 2014

Prosecutor's version of Michael Brown Killing Falls Short

Missouri statute on use of force:
563.046. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force:
(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested
(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
I won't parse this statutory blank check for cops other than to say that by the Prosecutor's statement Darren Wilson is trigger happy.  He chased after Brown and companion in reverse, then got in a physical tussle and before he left his car fired two shots.  Brown fled and Wilson followed,  But Wilson did not wait for the back-up he had called for.  He gave chase and the confrontation ensued.  To me that is a cop who does not know how to resove trouble. - GWC
At 11:45 p.m. CT on Aug. 9, Wilson responded to a call at an apartment complex about an infant who was having trouble breathing. At 11:53 a.m. CT, Wilson heard a police radio broadcast about a convenience store robbery in progress.
Wilson left the apartment complex around that time and heard a description of the suspect, who was Brown. As Wilson was driving down the street, he encountered Brown and his friend. Wilson slowed or stopped his car and told them to move to the sidewalk. "Words were exchanged," as McCulloch put it Monday, and Brown and his friend continued to walk down the street.
Wilson then radioed that he needed his assistance and backed up his car to block their path. An altercation then took place at the police car with Wilson seated inside and Brown standing outside the driver's side window. Two shots were fired during that initial part of the altercation. The altercation was described as a "tussle" or "tug-of-war" by witnesses. Some said that Brown had punched Wilson. Wilson had some swelling and redness to his face after the shooting, McCulloch said.
Brown ran and Wilson chased him. Brown then stopped and moved toward Wilson, several more shots were fired and Brown was fatally injured. What happened between the altercation and the fatal shots varied some depending on the witness, McCulloch said.
Some witnesses said that Wilson fired at Brown as he chased him. Others said that Wilson did not fire until Brown turned to face him and moved toward him. One witness said that Brown went at Wilson at "full charge." Most said that Wilson shot at Brown as Brown moved toward him.
Some witnesses said that Brown did not move toward Wilson and had his hands raised, but McCulloch said that "many" of those witnesses later admitted that they did not actually see the shooting. Some witnesses described Brown's hands as raised, others said that they were in front of his chest or clenched in fists.
A total of 12 shots were fired. Brown was shot at least six times. The entire incident lasted less than 90 seconds.

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