otseng wrote: ↑Mon Jun 15, 2020 11:59 am
I think that was the fatal mistake. If you try to harm an officer, even non-lethally, what does one expect in the heat of the moment? Should the officers realize there's no way Brooks could've killed them and not shoot him? Perhaps.
This is a complex case, but there is law that applies:
- Georgia Code Title 16. Crimes and Offenses § 16-3-21
a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23 , a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
https://codes.findlaw.com/ga/title-16-c ... -3-21.html
The key phrase here is, "...to prevent death or great bodily injury to himself or herself or a third person..."
This applies to this case in two areas. First is the fact that Brooks was armed only with the stolen taser. While it is rare, tasers can in some situation cause death.
The second and more important issue to consider is that Brooks fired the taser at officer Rolfe, but missed him. It is after that failed attempt that Rolfe shot and killed Brooks. If my understanding is accurate, tasers are single shot weapons meaning that after firing they must be reloaded before firing again. This involves repacking the wires and loading a new canister. When Brooks was shot and killed he was essentially unarmed. He clearly wasn't attempting to cause "death or great bodily injury."
I'm not suggesting Rolfe was motivated by racism, but he clearly violated Georgia law.
Tcg