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blessedinnyc -> RE: Texas Police shoot Pentecostal pastor with taser; attack congregation (7/2/2009 12:34:52 PM)
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quote:
ORIGINAL: _jjp_
actually according to the congregants themselves the cop took the steps outlined in that document. He started with the differing levels of verbal persuasion and moved to physical conflict only after that.
A taser is considered to be deadly (although less-lethal) force. Deadly force is justified only in these cases:
quote:
Deadly force is justified only under conditions of extreme necessity and as a last resort when all lesser means have failed or cannot reasonably be employed. Deadly force is justified under one or more of the following circumstances:
Self Defense and Defense of Others When deadly force reasonably appears to be necessary to protect law enforcement or security personnel who reasonably believe themselves or others to be in imminent danger of death or serious bodily harm. (Note: Other documents specify that punches, shoves, and other "minor" attacks do not justify deadly force.)
Assets Involving National Security. When deadly force reasonably appears necessary to prevent the actual theft or sabotage of assets vital to national security. DoD assets shall be specifically designated as "vital to national security" only when their loss, damage, or compromise would seriously jeopardize the fulfillment of a national defense mission. Examples include nuclear weapons; nuclear command, control, and communications facilities; and designated restricted areas containing strategic operational assets, sensitive codes, or special access programs.
c. Assets Not Involving National Security but Inherently Dangerous to Others. When deadly force reasonably appears to be necessary to prevent the actual theft or sabotage of resources, such as operable weapons or ammunition, that are inherently dangerous to others; i.e., assets that, in the hands of an unauthorized individual, present a substantial potential danger of death or serious bodily harm to others. Examples include high-risk portable and lethal missiles, rockets, arms, ammunition, explosives, chemical agents, and special nuclear material.
d. Serious Offenses Against Persons. When deadly force reasonably appears necessary to prevent the commission of a serious offense involving violence and threatening death or serious bodily harm. Examples include murder, armed robbery, and aggravated assault.
e. Arrest or Apprehension. When deadly force reasonably appears to be necessary to arrest, apprehend, or prevent the escape of a person who, there is probable cause to believe they have committed an offense of the nature specified in subsections 2a through 2d above.
f. Escapes. When deadly force has been specifically authorized by the Heads of the DoD Components and reasonably appears to be necessary to prevent the escape of a prisoner, provided law enforcement or security personnel have probable cause to believe that the escaping prisoner poses a threat of serious bodily harm either to security personnel or others.
DEADLY FORCE PRECONDITIONS:
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c. INTENT: A hostile or dangerous person must clearly indicate the INTENT to cause damage to protected resources, or bodily harm to others. Are they actually aiming a weapon or other dangerous object in a fashion that is capable of, and is obviously being used with the intention of, inflicting damage or serious bodily harm to persons.
'Nuff said. None of the preconditons or justifications for the use of a taser were met. He obviously should have been arrested if he shoved the officer. But the deadly weapon was completely uncalled for.
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