Jeaniegirl
I have a strong feeling that if we were to sit down over a cup of coffee or tea and discuss this matter we would realize we are both on a comparable wave-length. We both want accountability and that the LEO faces consequences if he acts outside of the accepted scope. I have no problems whatsoever of an officer facing criminal charges if he breaks the law.
I would endorse regular evaluations of officers and dismissals or demotions (and promotions!) based on those evaluation. It then becomes a question how you evaluate the LEO. Number of arrests? Speeding tickets? Complaints? (Best way to avoid complaints is do nothing…)
I have issues with this text:
I feel if officers have to think twice -- or three times -- about shooting an unarmed person (especially in the back as it's been happening) .... that they might lose their freedom, their homes and life savings .. it might help. NO person, even a person wearing a badge should be above the law.
The sentence is loaded: it implies that officers shoot unarmed people when the issue isn’t really armed or not armed, but rather is the officer threatened to the extent the use of potentially lethal force is justified.
My view is that LEO’s need to accept there is a certain risk and demand for physicality in their job. If an unarmed person goes for you then your training should enable you to keep them at bay or in check until your partner steps in, and that 2 officers should be able to restrain most attackers. This does however require we don’t use single-cop units.
Unarmed people can be lethal. When an officer grapples the goal is clear: Restrain the person. When an unarmed person jumps an officer… what’s the goal? They hardly expect the officer to tap out and go home to lick his wounds? The only way the perpetrator gets away is if he incapacitates the officer in such a way to allow escape. The threat is potentially lethal or likely to cause serious physical damage to the officer. To me the issue is whether the officer had time and opportunity to use less lethal methods or overreacted.
Shoot in the back? I heard a lot of variations on that back in the days… We were constantly asked why we needed to be 3-4 when we arrested someone. Why not be manly and honorable as if this was a bar-fight mano-el-mano. If there is a justifiable reason to use deadly force then there is no requirement that the shots enter the frontal torso. It again boils down to justifiable.
I will acknowledge (and talked about it in my earlier post) that I do think LEOs need to evaluate when a threat is life-threatening. Driving away from a traffic stop is IMHO not life-threatening, running away from a summons is not life-threatening.
Think twice or three times… The person that DECIDES to escalate is usually the person being stopped by the police. When that happens you don’t have the time to think twice and if you think thrice that might well be your last thought in life. It always boils down to this: Is the officer justified in a) thinking his life is in danger b) thinking the lives of others is in danger. I am perfectly fine for the officer and the department having to justify both to the correct channels – for example a court.
I shared this on the recent thread here on the George Floyd murder:
I remember stopping a guy for DUI. Big muscular guy high on speed and steroids. He jumped me when I asked him to do a sobriety test and we ended up grappling by the side of the road. I was petrified for my life and the fight was simply one of survival. Eventually I got a choke-hold and applied pressure until he passed out. I cuffed him and revived only for him to continue resisting despite the cuffs. I managed to call for backup and had him in a judo-lock when help arrived. The fight left me battered and bruised with finger marks around my neck and a bloodshot eye.
In NY police are explicitly banned from using choke-holds and can be charged if they do. This was passed after Eric Garner died in a choke-hold. Seeing recordings of that event there was IMHO no need for the hold since there were enough officers there to detain Garner without it. In my instance… well… my only other option might have been to try to escape, get a couple of yards and shoot him.
What I didn’t share then was that a couple of days later the department got a letter from that man’s attorney accusing me of excessive violence. In addition to the marks I mentioned I had a big bruise in the groin-area, bruises in my hairline from when he pulled at my hair, bruises on my forehead where he head-butted me and a strained shoulder.
The charge was dismissed, but only after an IA investigation – as should be.
This guy had plenty of cash – if he had sued me directly I would have had to use my own personal funds (not excessive at 23 years of age!). Instead the department evaluated my actions and accepted that I had used the level of force required. If IA had deemed me to have gone further than I was allowed I would have had to accept a reprimand and possible termination. If the DA had evaluated I used excessive force I would have faced a criminal charge for assault. If I had been convicted by the court the man could seek compensation from my department and would have grounds to personally sue me. IMHO that is the way it should be.
The head-but? That was after I cuffed him. Had we been three officers (as is the ideal number in an arrest) then while resisting we would have placed him on his stomach, one officer restrained his feet, one the torso and one… knelt with his knee on the HEAD (not neck). That is done for two reasons: head-buts and head-slamming to get self-inflicted wounds to show excessive force.
I don’t like the word defunding…
Defunding is what created the single-cop unit, lowers pay thereby lowering the bar that can be set, prevents good simulation training, retraining and all that. What I do like is the word reallocating… Maybe larger areas could have dedicated EMR’s for mentally unstable people, community officers for bickering neighbors and such… maybe we shouldn’t see the police as a combination of handy-man and garbage disposal for society.