natedog
Member
If someone were to approach and threaten you with pepper spray or a stun gun (like the one pictured below) and tried to mug you, what level of force would be legally acceptable? What if they actually used the pepper spray/stun gun?
Most law enforcement agencies teach that use of deadly force is justified against an assailant with OC or a Taser, because these agents are capable of incapacitating an officer to the point that (s)he will be unable to maintain control of his or her weapon.
Friday, March 5, 2004
Chief says police
shooting was justified
Maui police look into giving officers
Taser guns after Sunday's fatal incident
By Gary T. Kubota
[email protected]
WAILUKU >> A police officer was justified in fatally shooting a suspect who resisted arrest and sprayed pepper spray at the officer and a resident, Maui police Chief Thomas Phillips said yesterday.
But Phillips said his department is looking at equipping officers with Taser guns that subdue a suspect with a nonfatal electrical charge.
Phillips said he does not know if using a Taser gun would have been successful in Sunday's fatal shooting.
"We can only speculate," he said.
A Maui officer, who has not been named, fatally shot 48-year-old Charles Benson Ogden on Sunday evening on the beach about 150 yards south of Lipoa Street.
Detectives said they have been unable to find a local address for Ogden and believe he was living out of his backpack. He formerly lived in Oklahoma.
Police said a preliminary check showed Ogden was wanted on a warrant for a weapon violation, possibly explaining why he initially fled from the police officer.
Witnesses told police that at one point, Ogden reached into his backpack but stopped after being warned by the police officer.
A pair of scissors and a fish knife with a 6-inch blade were later found in the backpack.
The death of Ogden was the second fatal shooting by Maui police this year. Officers in Paia on Jan. 23 fatally shot Lisa Kaina, who allegedly refused to stop driving a stolen Cadillac and nearly hit a number of people.
Phillips, who held a news conference yesterday, said the officer responding to a report of indecent exposure on the Kihei beach intended only to speak with Ogden, but the situation escalated into violence.
The police chief said that at the time of the shooting, the officer could see only a silhouette of Ogden because of the strong pepper spray in his eyes.
Phillips said the officer was protecting a male resident who had assisted police in the chase and also been hit with the spray, which was sold as a bear repellent.
"We believe the officer and the citizen were in danger. ... The officer was actually pretty much debilitated with the spray and in a fairly vulnerable position," Phillips said.
In states that have adopted a ‘stand-your-ground law’
Standing Wolf said:If the criminal has a stun gun, he's going down. If he's got a water balloon, I'm going to get wet.
Am I supposed to trust a stranger to only have water in the balloon?
Possibilities:
Hydroflouric or other acids,
Lye or other caustics,
Biohazard material - -
NineseveN said:Hint: think reasonable man standard.
Your Honor, I DID retreat. First I drew my weapon to cover my retreat. Then I shot him to stop him from following my retreat w/ his knife. I then waited for the police to arrive to secure the area for my retreat. And finally I retreated to the safety of the Police Station and gave a statement.
Agreed. OC is a deadly weapon if you make it one. So is a stun gun. A brick can be a deadly weapon. A frying pan can be a deadly weapon. A garden hose can be a deadly weapon. A good sturdy pen can be a deadly weapon. I can go on like this all day.An attack is an attack