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  • "The incident began about 10:30 p.m. outside the fast food chain on University Avenue, GBI spokeswoman Nelly Miles said.

    Officers were called to the restaurant after receiving a complaint about a man asleep in his vehicle, which forced other customers to go around his car to get their food at the window. The man, Atlanta resident Rayshard Brooks, was given a field sobriety test, which he reportedly failed, according to the GBI.

    “After failing the test, the officers attempted to place the male subject into custody,” Miles said. “During the arrest, the male subject resisted and a struggle ensued. The officer deployed a Taser.”

    According to police, Brooks managed to take the Taser away from the officer before being shot. He was taken to the hospital where he later died, Miles said.

    Cellphone video captured by a Wendy's customer appears to show two officers struggling with Brooks in the parking lot. He appeared to be running away from them when he was fatally shot.

    GBI Director Vic Reynolds said surveillance footage from the Wendy’s appeared to show Brooks turn toward the police and attempt to fire the Taser as he ran away.

    That’s when the officer chasing Brooks pulled out his gun and shot him, authorities said.

    “While there may be debate as to whether this was an appropriate use of deadly force, I firmly believe that there is a clear distinction between what you can do and what you should do,” Bottoms said Saturday afternoon. “I do not believe that this was a justified use of deadly force and have called for the immediate termination of the officer."

    By Saturday morning, a group of protesters had gathered outside the Wendy’s where Brooks was fatally shot.

    John Wade, the leader of the demonstration, called the parking lot “the new ground zero.”

    “Another man was taken right at this spot,” he said. "
  • Stay frosty
  • I watched the whole video (that CNN wouldn't show).
    He clearly shoots at the officers with a tazer.

    What do the kids say? Play stupid games?
  • Suggestion for BLM:

    Stop acting like every situation where a Black man is killed by the police is the same.

    Some were victims. Some were asking for it.
  • https://www.cnn.com/2020/06/14/us/rayshard-brooks-videos-final-moments/index.html
    A compilation video from the beginning of the encounter until the end.
  • Definitely falls under the stupid game banner but was it a legal kill? Seems like excessive force.
  • Looks good to me.
  • Attempting to use a cop's taser on him is worth of some form of very forcible response.

    He'd already "disarmed" an officer by taking the taser.

    ____________________________________________________
    O.C.G.A. §16-10-33
    It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:

    The other person is lawfully acting within the course and scope of employment; and
    The person has knowledge or reason to know that the other person is employed as:
    A peace officer as defined in paragraph (8) of Code Section 35-8-2;
    An employee with the power of arrest by the Department of Corrections;
    An employee with the power of arrest by the State Board of Pardons and Paroles;
    A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;
    A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or
    A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities.

    Georgia defines firearm to include stun guns and tasers.
    ____________________________________________________

    Doing this is a felony.


    §O.C.G.A. §17-4-20 appears to allow for the use of deadly force to stop such a felony.

    (b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.


    "Drunk guy with a taser fleeing police and attempting to use said taser on the police" seems like a pretty solid entrance criteria for the "asphalt temperature challenge."
  • "raw" bodycam video, 43 minutes:
  • Wendy's surveillance camera footage.
  • I’m sick and tired of the false equivalence between these incidents.

    Never mind that statistically your chances of getting killed by a cop or even worse than your chances of winning the Powerball.

    The idea that this jack ass falls into the same category as the Floyd murder is ridiculous.

    If you physically resist arrest, fight the cops, hit the cops, steal a taser from a cop and then turn around and shoot at a pursuing officer with the Taser; you are asking to get shot.
  • Surprisingly, reading the comments on YouTube, which is typically a regrettable thing to do, most commenters are saying "this is the opposite of Floyd George", "race didn't matter here", "the cops were extremely polite", "the moment that guy pointed the taser at cops he was dead", "don't ever grab anything off a cop".
  • "Never mind that statistically your chances of getting killed by a cop or even worse than your chances of winning the Powerball."

    So, you're saying I have a chance? I'll buy a ticket.
  • “So, you're saying I have a chance? I'll buy a ticket.”


    You crackers...
  • What do you mean "you crackers"?
  • "Never mind that statistically your chances of getting killed by a cop or even worse than your chances of winning the Powerball."

    You know what they say... you can't win if you don't play!
  • edited June 16
    You know...

    Woods
  • Apparently GA courts have been pretty lenient to police in the past in shootings like this but it seems hard to justify a clean shoot when the suspect is using a taser while fleeting. Can you claim a reasonable fear of severe bodily injury over a taser?
  • Sure. People have been killed by those things. They're "less than lethal" not "non-lethal." How about the severe bodily injury of getting a taser electrode stuck in your eye because an untrained drunk idiot is trying to use it on you?

    Even if the taser doesn't kill you, falling down uncontrolled and smashing your skull on the pavement could.

    Besides all of that, one could reasonably foresee that once incapacitated by a taser, the suspect could do anything they want to the officer, like steal their firearm.

    Oh, and GA law defines a taser as a firearm, which means that for purposes of suspect/cop interactions, taking or attempting to take the taser is equivalent to taking or attempting to take their pistol.

    I can't see this as anything but a clean shoot.
  • If a taser qualifies as a threat of severe bodily injury it would seem that police are highly exposed legally for using tasers in less than lethal situations. Those two college kids that were tased in in their car in ATL at the beginning of the protests would have a pretty big claim of excessive use of force.
  • dgmdgm
    edited June 16
    Maybe so, but the UOF doctrine is supposed to provide guidance about when which level of force is appropriate.

    Given the choice between getting tased for noncompliance, and getting shot in the chest for noncompliance, I'd definitely take the taser.

    I believe the cops also first tried to tase the guy who stole the taser, but the video is a little confusing.


    But again, look at the two GA statutes I posted above. This guy was a "fleeing felon", and deadly force is authorized to apprehend such a suspect.
  • Agreed that I'd rather be tased than shot as well :)

    I read the statute and decided to try and avoid that discussion since there is so much law in the space I don't have access to nor precedent to refer to. For instance, there is this as well -
    https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-3-21.html

    (b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

    (1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;

    (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony;
  • There is plenty of case law of using a LTL tool against a LEO (especially if the LTL tool was stolen from the officer) as a justification and objectively reasonable for the officer to use DF.
  • ZedZed
    edited June 16
    You forget that using any weapon against the police automatically is a worse offense than using the same weapon against the general populace. (This is in response to JIMP 12:42 post)
  • Thanks for the info, if that's the case it seems like the officer has a pretty strong wrongful termination case. I would think the union is going to have a field day with the city over these firing(s).
  • And the hits keep coming. After Fulton Co DA decided to do a presser announcing felony charges against Rolfe, a shit ton of cops walked upon shift change. :-)

    Never mind that GBI has not concluded its investigation as of the OIS - and - This is the same DA two weeks prior decried over Twitter the use of a TASER against a protester by an LEO, citing that a TASER is considered deadly force.

    You can't make this shit up.
  • Fulton county is a disaster, I couldn't get out of there fast enough.
  • I am seeing reports that Atlanta police officers are just walking off the job. It’s not organized at all, it wasn’t preplanned as far as anyone can tell; individual officers are just walking off the job in large numbers and the few that are “on duty“ or not responding to anything other than officer in trouble calls.

    This is early information so take it with a grain of salt but it looks real.
  • Looks like a good year to start staying out of ITP.
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