They never should have tried to arrest him considering that he only operated the vehicle in their presence when instructed by police to park (entrapment). IMO they should have discussed ways to get him home without allowing him to drive. It is my understanding that he wanted to have his sister come yet him.
Because Brooks had a non-lethal weapon he took from the officer, was running and was shot in the back.
Police can use deadly force to protect their own lives. They can't use it to gun down someone who is trying to escape a DUI arrest.
The proper procedure was to get into the car and follow him, and call for backup. Or he could have just let him run away. He wasn't going to escape arrest for long. They had his car and probably his license!
"Let?" Are you saying he should have escalated with more force even sooner?!
Not sure what manual you're reading from but when someone takes a weapon and assaults officers the official "proper" procedure has never been to let them go, even if I think circumstances justified letting him go.
One could argue that if hit with the taser the officer would have be at risk for death (the guy could come back and beat him up). However I don't buy the argument as I believe two officers were there and he was clearly running away.
The officers could have de-escalated the situation well prior. Or the could have used non-lethal weapons and tactics. However they chose to kill him which is clearly wrong..I'm not holding by breath they'll be convicted but I firmly believe it was a wrongful death.
He had just overpowered BOTH officers and taken a weapon from them. Hard to end it sooner without resorting to MORE forceful tactics sooner or just letting him go. Disabling an officer with a taser lets you do a little more than just return and beat him up since, you know, the officer has another weapon he could also take. He wasn't likely to get that gun since there was a second officer but he had just proven he was willing to take their weapons by force and use them against them.
As to why Brooks tried to get away, it obviously wasn't a rational decision. He was moderately intoxicated. But my best guess is that he was worried they were going to sit on his neck like George Floyd. I imagine that seeing a video like that, which basically everyone in the country has seen, is going to cause varying behaviors when one encounters police. Ranging from extreme compliance to aggression and evasion. All motivated by fear.
He was also intoxicated and they had just woke him so perhaps he was delirious, not fully awake, thought he was dreaming, etc.
Shooting the guy was not a necessity. In the greater context of what's been happening, it was extremely stupid.
Agreed.
I saw the video, and the notion of "in the back" is sort of wrong. The man turned enough to fire the taser. It was completely ineffective of course. But it was that same split second the officer fired in response. Sure he hit him in the back, that I have no doubt, but it wasn't for nothing. It was for discharging the taser at the officer.
Is that right or wrong?
I suppose they haven't had to face that issue enough to make a crystal clear policy. Do officers consider the taser a deadly weapon or not? I think their prevailing wisdom is "not" (though I dispute that). So there is no reason to shoot, especially after the taser shot missed. Therefore it was wrong for him to shoot. There was no justification for it.
Many classify Tasers as "less lethal weapons" but, either way, disabling an officer with a taser gives you access to his gun. This man had already demonstrated that he was willing to take a weapon from an officer and turn it against them and overpowered both to do it.
But my point is this: he was RUNNING. He wasn't interested in harming the police. The taser he took was a non--lethal deterrent that he was using to get away. There was no need to shoot him. They could have picked him up later. They didn't even have to chase him when he ran. He didn't have a deadly weapon and they had his address.
Lethal force can't be used to prevent an escape except in narrow situations where the person is suspected of a violent felony and is armed with a deadly weapon.
If he wasn't interested in harming the police, well, he did take their weapon, point it at them, and pull the trigger after fighting them. I think overpowering two officers to steal their less lethal weapon is a violent felony and using it against them could allow him to take a proper gun too if they weren't going to respond with lethal force.
I agree that they should have let him go but hindsight is 20/20.
I also believe he was intoxicated and that was the root of the initial contact. The body cam footage shows the cops trying to tase him and the two were over powered. I don't however think the use of a lethal weapon was appropriate here though. The officer wasn't alone so his partner could have justifiably prevented the guy from circling backcoming back and using his gun agains him.
They should have pursued him and called in some backup. The man was guilty of being intoxicated and resisting arrest. Neither justify homicide.
We also need to ramp up smart gun tech and make it mandatory for all law enforcement sidearms.
Agreed, but I can see how he may not consider the other officer in that moment where he believes he may be disabled and have his service weapon turned against him.
I mean, they were pursuing him and I'm sure they did call for backup. If he just outran them they likelt would've just let him go and tracked him down later. Once he pointed the weapon at them and pulled the trigger, well, it changed things. Not saying they should have returned fire but, again, hindsight is 20/20.
why is he being breathalyzed? was there any suspicion that he might be drunk? if not, let him go.
and he has your taser? let him run. it's not like the dude is going to become an international fugitive trying to slip in and out of countries.
He already failed the field sobriety test. Yes, if someone operating a motor vehicle falls asleep behind the wheel in traffic there is reason enough to believe he might be imparied. The caller may also have reported that he seemed intoxicated.
He didn't just have the taser. Even if he didn't point and fire it, a policy of letting people steal expensive equipment from their person and not giving chase would lead to a rash of people stealing tasers just... because.