East Pittsburgh cop shoots unarmed fleeing black youth hours after being sworn in
California State Senator Steven Bradford calls the use of deadly force by police a form of oppression of black people. On Tuesday evening, an East Pittsburgh cop oppressed black people only hours after being sworn in. He shot and killed an unarmed black youth who was fleeing from a car suspected in a drive-by shooting.
East Pittsburgh police stopped a vehicle that fit the description of a car from which nine shots were fired at a man in North Bradford borough. 17-year-old Antwon Rose II jumped out of the car and fled. One of the cops chased Rose and fired a volley of shots at the fleeing black youth. Rose was hit three times and died. He was unarmed, but two guns were found in the car. The shooting has sparked outrage and led to mass protests.
SCOTUS ruled long ago that police cannot shoot a fleeing suspect – and here is the catch – unless that suspect poses a serious threat to the public if he escapes.
The problem here is that at the time Rose was shot, the cops had no proof that this was actually the car involved in the drive-by shooting. Thus the oppressor of black people had no reason to believe Rose posed a serious threat to the public if he escaped.
Reports do not say if this was a rookie cop or if he had just been sworn in after serving on another police department. In any event, look for this cop to end up in the Graybar Hotel.
2 comments:
This cop had worked for at least one an I think two other departments before moving. And I also think that it was legally dubious for him to have fired under those circumstances. Dude is in trouble.
Tenn. V. Garner
Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given.
“Objective Reasonableness”
A. Graham vs. Connor USSC said to use the following guidelines.
1. What would an equally trained, objective reasonable officer do under like circumstances?
2. Severity of the crime.
3. Does the suspect(s) pose an immediate threat to you and others.
4. Actively resisting arrest.
5. Are they attempting to evade arrest by flight?
6. Judge from the moment force was used.
7. Tense, uncertain, rapidly evolving, split second decisions.
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