M-Taliesin,
Held: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Howdy Citizen!
Thank you for your insight into the case. However, my information is limited to what I learned from talking with the police spokeswoman today, along with the accounts of the incident reported by the local media:
http://www.thedenverchannel.com/news/27259930/detail.html
"Police believe the driver of the truck drove at an officer, hitting him with the truck."
<snip>
"An officer was also transported to the hospital with a head injury. He was released early Monday."
Also this:
http://www.thedenverchannel.com/news/27299366/detail.html
"Officers opened fire and police are investigating whether the truck driver drove at an officer, striking him with the truck, she said."
<snip>
"An officer suffered a head injury and was treated at a hospital overnight and released."
The case was referred to the Arapahoe County D.A., which is separate from the City of Aurora.
Now I suspect the DA's office investigated the incident and the officers were cleared would have included witness testimony. I would think, considering that witnesses saw the crooks trying to steal things, and called the police because of the situation, they'd have also witnessed what happened after the police arrived. I don't know, but when I've seen police activity in the neighborhood, I tend to watch events unfold and would be surprised if the RP's did not do likewise. If they were interviewed and supported the officer's account, it would make sense that the DA ruled the shooting was justified. But I don't know the scope or witnesses involved in the investigation.
I am still trying to figure out why the city paid the family of the man who died while engaged in criminal activity. I did not hear back from the City Manager's office today and will call again in the morning directly to his office to learn whatever else I may.
The facts at hand are that the three drove a stolen truck to an auto shop in Aurora with intent to steal a part from one of the cars. They were observed by witnesses at another shop who called the police. Police arrived and the men got back into their stolen truck with intent to flee the scene. Whether they tried to mow down an officer with their truck is something I don't have verification of at this writing. But it appears reasonable that something happened that caused the cops to fire and one was admitted to the hospital with a head injury. This is the grey area, and I'd bet money those folks who called APD saw what happened.
Until I talk with the office of the city manager, I'll give the officers the benefit of the doubt and accept their story of events until such evidence proves differently. The fly in the ointment hinges on why the city paid out money to the family of the deceased. That's the rub, and the part of the whole sheebang that does not make sense to me.
Hopefully, I should know more tomorrow.
Blessings,
M-Taliesin
