Well the analysis of the video is reasonably correct, but you've missed a few important things.
1) The officer seizes a pint of liquor from the victim which had been on the floor of the car. Was the officer trying to remove the victim from the car to see if he was drunk? The tape does NOT demonstrate the officer having this thought, or expressing it verbally. "Ok sir, I think you may have been drinking, can you exit the vehicle please?"
2) The officer after asking 4 or 5 times finally is told that the victim doesn't have his license on him. I'm pretty sure that driving without a license is an offense which can warrant a ticket or maybe arrest in Ohio? Failure to be immediately forthcoming tweaks the 'spidey sense' in most cops. What else is this guy hiding?
3)The officer asks the victim to take off his seatbelt and get out of the car. The victim GENTLY pulls the door closed, and proceeds to try and drive away. If the car were in park, and the engine off, the car would not have moved when he was shot. TECHNICALLY the act of closing the door after the officer opened it could be considered obstruction or resisting or refusing a lawful order.
4)The shot is fired as the victim struggles with the officer, and we have no way of knowing if he is simply trying to stay clear of the officer OR reaching for a hidden weapon. Since police training is to shoot at the PERCEIVED or CLEARLY RECOGNIZED threat, no firearms training officer is going to testify that you should wait until someone's gun is stuck in your face BEFORE you decide to fire. For example you say 'Police! Freeze!" and the suspect reaches into his jacket. There is no expectation he's reaching for an ice cream cone, care bear, or lollipop. He's reaching for a weapon. You shoot him, and it turns out he was going for a wallet. It's a typical training scenario, and in court it's a LEGALLY excusable death. The suspect made you shoot him based on his action.
The officer in this case is guilty of murder based on his report, and not his actions. I'll explain why. He lies on the paperwork, and in his radio traffic. You can't come back from that legally. At this point it doesn't matter if the victim had a machine gun in the glovebox and three kidnapped nuns in the trunk.
His LEGAL TEAM would have presented the following case.
1)Officer stops victim.
2)Officer finds liquor in plain sight.
3)Victim is evasive providing timely and truthful answers.
4)Victim resists officers command to exit the vehicle, and engages in active physical resistance.
5)Victim attempts to drive away and flee. Officer does not know if driver is drunk, and so he has a 3,000 pound weapon to threaten the public with.
6)Officer fearing for public safety, discharges his weapon.
Now as lame as you might find the logic of the argument, the issue is that the video supports that train of thought. The jury of course would ask why he didn't simply chase him in his car, call for backup,or shoot at the fleeing car? All questions that speak to reasonable doubt. Once there are multiple solutions to the problem, you now speak to the JUDGEMENT of the cop. You can fault his judgement all day long. He did what he THOUGHT was right. LEGALLY the jury would have to decide that NO REASONABLE PERSON would have arrived at the same conclusion he did in order for him to be guilty.
The bottom line is, in the scheme of the universe, it was a lousy shooting, and no one actually HAD TO DIE here. The cop however by virtue of his poor judgement, at worst would have faced a wrongful death charge like manslaughter, or the city would have faced a civil suit. By lying both in writing and on the radio call, he buys himself the murder charge.
Edited by
mikeybgood1
on Thu 07/30/15 07:28 AM