[Replying to koko in post #113
These are snippets from several sources like Georgia law enforcement and the official Georgia police law.
5. A police officer may use a firearm as a last resort: a) to defend a person and him/herself from a threat to their lives and/or health;
d) to prevent a violent crime if a person resists a police officer;
7. A firearm may be used without prior warning:
c) in the cases of armed resistance by a person;
e) to stop the robbing a police officer of a firearm; (Brooks could have tased the officer and stolen his gun)
The “projectile” type stun gun is considered a firearm and is regulated by the same laws that govern the use of other types of weapons.
So let’s pause there and see where we’re at legally.
Obstruction X2 - Felony
Battery on an officer X2
Aggravated assault X2 - Felony
Strong Armed Robbery - Felony
And believe it or not....
Possession of a firearm during the commission of a crime - Felony
Per Georgia Law, a taser is classified as a “less-lethal” FIREARM as they do occasionally cause death.
(The taser that APD carries has 2 cartridges, so Brooks could have potentially shot the officer twice.)
What does Georgia Law say about deadly force?
OCGA 17-4-20 (b):
Sheriffs and peace officers may use deadly force:
1.) to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon. (He did)
2.) to apprehend a suspected felon who possesses any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. (He did)
3.) to apprehend a suspected felon when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others (He did)
4.) to apprehend a suspected felon when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm (He did)
The officer only needed one of those requirements, but he had all 4........
The law clearly shows that the shooting was legal.