Interesting Portland PD Video ~ You decide


Why would the guy run from the police? That vehicle taking off like that is a potential weapon. I see this as justifiable. The LEO's told him to get out and get on the ground. He refused which to me is hostile intent and he was in a vehicle which everyone knows could be used as a weapon.

This is my stance on this, if he would've just got out and complied like he was supposed to he wouldn't have gotten shot.
 
Portland Shooting

I must agree with the previous poster. We cannot see in the video where the second officer was located when the vehicle was placed in reverse and backed up, for one thing. It could very well have been moving at that officer and the driver was certainly operating the vehicle in an unsafe manner attempting to escape custody. At that point I would consider him dangerous to the public and willing to put anyone in grave danger in order to escape custody. The fact that he was later taken into custody peacefully, was not killed, and that no innocent citizens were injured or killed with his vehicle is fortuitous. It is possible that only the fact that he was wounded was he taken into custody peacefully. I suppose if he had blown a stop light or stop sign, rammed a vehicle carrying a family with children in the vehicle in his attempted escape there would have been no second guessing the officers actions. Thank God that did not happen. Sorry, but I don't think the actions of the officers rise to the level of excessive force.
 
When the man was past the leo he was not a direct threat to them anymore. I would think this was a unjustified shooting. If someone threatened you in this manner and he was fleeing would you be justified in shooting him? I think you would go to jail for it.
 
§106§108
Title 17-A: MAINE CRIMINAL CODE
Part 1: GENERAL PRINCIPLES
Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION
§107. Physical force in law enforcement


2. A law enforcement officer is justified in using deadly force only when the officer reasonably believes such force is necessary:

B. To effect an arrest or prevent the escape from arrest of a person when the law enforcement officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay; and

(1) The law enforcement officer has made reasonable efforts to advise the person that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest and the officer has reasonable grounds to believe that the person is aware of this advice; or

(2) The law enforcement officer reasonably believes that the person to be arrested otherwise knows that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest.
For purposes of this paragraph, "a reasonable belief that another has committed a crime involving use or threatened use of deadly force" means such reasonable belief in facts, circumstances and the law that, if true, would constitute such an offense by that person. If the facts and circumstances reasonably believed would not constitute such an offense, an erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to make an arrest or prevent an escape.
 

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