We often discuss tactical errors. Every scene is a minefield of hazards as officers position themselves, while visually assessing and identifying the threats. We must also apply the Graham standard to the officers’ perspective as they process the dynamic.
I agree with your assessment. In Alabama the charge of murder applies to intent as well as negligence. I believe that looking at the totality of the circumstances of what happened, the focus will be on officer negligence not intent when trying to convict. That single moment in time, he was 100% justified in using deadly force. As you said, there is no requirement to give a command and wait to see if they comply. However, it can be argued the officers were negligent in the entirety of the way the call was handled. If that is proven, then I do believe the murder charge will stick. It's definitely not a black and white open/shut case. It's complicated and requires a look at the law from the beginning to the end. I wish the officer all the best. He was put in a bad situation and forced to respond in a way that most officers will never have to. He had little experience to rely on and was most likely following the direction of senior officers
We often discuss tactical errors. Every scene is a minefield of hazards as officers position themselves, while visually assessing and identifying the threats. We must also apply the Graham standard to the officers’ perspective as they process the dynamic.
4 mins ago
I agree with your assessment. In Alabama the charge of murder applies to intent as well as negligence. I believe that looking at the totality of the circumstances of what happened, the focus will be on officer negligence not intent when trying to convict. That single moment in time, he was 100% justified in using deadly force. As you said, there is no requirement to give a command and wait to see if they comply. However, it can be argued the officers were negligent in the entirety of the way the call was handled. If that is proven, then I do believe the murder charge will stick. It's definitely not a black and white open/shut case. It's complicated and requires a look at the law from the beginning to the end. I wish the officer all the best. He was put in a bad situation and forced to respond in a way that most officers will never have to. He had little experience to rely on and was most likely following the direction of senior officers