Re: Another WTF for LEO's to read
Use of Force continuum puts the deputy absolutely in the right if he had chosen to shoot the suspect, why he did not, only that deputy can answer that question. To equivocate that his response is due to a lack of training and tactics does a disservice to our profession, and to assume that political correctness does not have a factor in modern law enforcement decision making is a fallacy. I for one can speak personally to choices made in the line of duty, and can tell you that even in a split second, with training kicking in, thoughts of liability and public perception have gone through my mind. Did it cause hesitation, absolutely, though at the time it was not readily apparent to me. Why do those thoughts persist in an instinctual situation, because in modern law enforcement with lawyers at the ready, scrutiny for split second decisions are played and replayed by individuals who interpret the law but have no concept of the implementation of their enforcement. With those situations engrained in every police recruits mind during the academy, field training, and eventually in-service training, how would they not. The old adage that “I would rather be tried by 12, than carried by 6” still applies to a degree. However when a person dedicates his life to a career in law enforcement, and can have everything he has worked for taken away because he made a split second decision that was necessary, it would cause any person to hesitate. Consider this, your decision was absolutely justified and lawful, but with a frivolous lawsuit instigated, as an officer you will need to retain an attorney and that cost money. Depending on the length of the civil case, that can drain an officer’s finances quite quickly, even to the point of bankruptcy. Does the department retain the attorney, not always in civil suits, in most cases deep pocket theory names the officer involved and the department. But what if your actions are lawful, but violate SOP, then the department washes its hands of the officer in the civil suit. In my career, I have found that SOP’s are not altruistic for the officer’s benefit, but for avoidance of vicarious liability in civil matters whether by the officer or a citizen.
Early on in my career as a police officer, I was involved in Signal 108, officer's life in danger. I was with three other officers behind a perpetrator vehicle suspected of committing multiple 64G's (Armed Robberies) that evening occupied by three (3) men. The vehicle had been identified by a victim who was giving his report to the responding officer and saw the suspect vehicle drive by afterward, subsequently the officer followed the vehicle until back up could arrive to assist. I personally had a broken foot and was assigned to desk duty due to my injury. I was in the vehicle with the other officers because we were returning from diner, and I was being dropped back off at the office. Fortunately, or unfortunately we were the closest unit to respond. Despite my condition, we proceeded to render asssistance. We blocked the vehicle in at the intersection and proceeded to conduct a felony stop with the originating officer. Once we got out on the suspects, the driver and rear passenger fled into a crowd at a nearby bar, the two officers in the car with me gave chase to the fleeing suspects, and I began to grapple with the passenger through the opened window. Unfortunately the passenger door of the suspect vehicle could not be opened, leaving me little choice but to go through window. I was committed to the apprehension, as was the suspect to fleeing. The passenger attempted to slide into the passenger seat with me grappling with him. As he did, he put his left foot on the accelerator and floored it. With me halfway through the window, the suspect hit 5 vehicles and crashed into the side of a house approximately a block and half away, throwing myself and the perpetrator from the car. During the joy ride while I was grappling with him, I observed two (2) sawed off shotguns, a 1911, and several ski masks in the space between the two front seats. I committed at that point that if he even made a semblance of a motion toward those guns, I would use deadly force, luckily for him, he didn’t. He was 15 years old, and responsible along with his coconspirators for a string of armed robberies that were plaguing the city for the preceding several weeks. What would have happened had I used deadly force? There was no physical control over the vehicle, only a 15 year old with his foot on the accelerator. What if a pedestrian had been struck and killed? What if the 15 year old died on impact? What if one the people hit by the car when he attempted to flee had died? Would I have been responsible for advancing the situation, or should I have allowed him to flee to preserve the immediate public safety. What would have happened if I allowed him to flee, and he subsequently murdered a person in a botched armed robbery later on. Would I have been held liable for dereliction of duty and subsequently liable for the person’s death because of my inaction though it was in the interest of the immediate public’s safety? Considering I was on limited duty due to a broken foot, SOP says I shouldn't have been involved, should they have dropped me off at the station, creating a lack of response to the originating officer. What is that officer had been killed due to me being dropped off creating an untimely response. As officers we have to make judgments, some times regarding life and death, and often with a lack of all the facts, and often we are forced to make those decisions in a matter of seconds. We are trained and paid to make those decisions by the citizens in our community, and anyone who is completely comfortable with that should probably be in another line of work because no person in their right mind would be.
What causes juveniles to take the actions they do? Weren’t hugged enough, not breast fed as a child, mom’s a crack head, or they came from a broken family, doesn’t really matter because they are still responsible for their actions. You will be hard pressed to find any policeman who doesn’t give serious consideration to any life taken in the line of duty, or the eminent possibility to have to take that action, especially if it is a juvenile threatening you. Would an officer think twice about shooting a juvenile who had a weapon pointed at him, absolutely? Would that officer be justified is he chose to use deadly force in that situation, absolutely. Would the child hesitate, well we only know when it doesn’t happen and an officer is injured or killed in the line of duty. Unfortunately knowing a persons intention isn't possible.
Graham, though I appreciate your opinions I have to respectfully disagree.