Stolen Cruiser, Shots fired

[djthomas]

It's a felony after proven in a court of law, unless officers can decide a person is guilty on the spot.

No, it's a felony as soon as it happens. The officers develop probable cause to effect the arrest, which clearly existed here. Legal guilt or innocence will be determined in court beyond a reasonable doubt. That doesn't dictate how officers respond to the situation in front of them because they only need probable cause. Tennessee v. Garner allows officers to use deadly force only to prevent escape if 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.

I'd argue that stealing a marked police cruiser is one thing, but using the firearms inside the vehicle is another. Wouldn't you have to prove that he stole the vehicle with intention of using the firearms on police officers?

No, you just have to show that you had probable cause to believe that the suspect posed a significant threat of death or serious injury to another person. In most cruisers the shotgun and AR are fully loaded and sit right next to the driver. The guy was deranged enough to steal a cruiser so it's not necessary to rely on his good graces to not use them. Having just committed a felony he's fleeing the scene and he is armed with loaded long guns. That's all you need.

Nonetheless, she was way too far away to even get a good shot at him or the tires. This isn't Hollywood, and she was under intense stress, so I'm going to say that her aim was quite shaky. Because she's going to be known as the one that had her cruiser stolen.

Like I said earlier you can be justified in using deadly force but unjustified in how you apply it. That could well be the case here. Our range instructor always reminds everybody that you are 100% accountable for every bullet from the time it's issued to you to the time it's dug out of whatever you shot. You might be 100% justified in using deadly force but because you can't use that force without endangering others you can't.

[cashman966]

And just a note, the suspected car thief is also a suspect in the burglary / shooting / possible murder / the police were there investigating in the first place.

Questions Remain Unanswered After Police-Involved Shootings

Thomas was carrying a gun and during a confrontation with police, an officer fired his weapon. It is not known if he was shot by the officer's gunfire, or while he was still inside the apartment.

According to the Fairfield County Coroner's Office, Thomas sustained two gunshot wounds – one to the hip and one to the chest. The coroner said the chest wound was fatal.

About five hours later, police spotted the two possible suspects from the burglary.

One of the suspects allegedly stole a police cruiser in the area of Tussing Road and Penobscott.

[Tweed Ring]

Guy is pond scum, and I cannot work up any concern for him. I'm not pleased with the officer leaving her cruiser in such a state that he could drive it away. I think she has to answer for her lapse in judgement. As for her firing her weapon, I believe there will be administrative oversight.

[BobK]

I like the alternate legal standard: "Did the bad guy need shootin'?"

Yep, he sure did. Next?

[xpd54]

I have a 6th Circuit Appeals Court decision saved at work that revolves around a case like this. They ruled the shooting justified and worded it much better than I can. I'll try to remember to find it when I go back to work.

[huskybiker]

"Justified" or not...... Holy crap, was that both negligent AND dangerous! This isn't Dodge City.

[Gaspode]

Without going into too much detail, Columbus PD seriously screwed this one up. The kid who was robbed and ended up getting shot by the officer could have been avoided if they had done their job correctly. Sadly, nothing much will happen from it.

[wkdravenna]

This sounds pretty screwy. The Royal Columbus Division of Authority is really dragging their feet on answering what happend. How is something "Not clear" They know what happened they are just figuring out how to spin it.

[xpd54]

I had the wrong court. Not 6th, but still a good read.

http://caselaw.findlaw.com/us-11th-circuit/1275464.html

[Chuck]

Without going into too much detail, Columbus PD seriously screwed this one up. The kid who was robbed and ended up getting shot by the officer could have been avoided if they had done their job correctly. Sadly, nothing much will happen from it.

Sounds like that to me too