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The Force Science Institute has done some very interesting studies on the time it takes between recognizing a threat and actually shooting at it, plus how hard it it to change your mind once the decision to shoot has been made. If there is ever a question on why you shot someone after they "were no longer and active threat", make very sure your defense attorney knows to contact them and get copies of their studies.

Keith B wrote: ↑Sat Dec 09, 2023 9:58 am

carlson1 wrote: ↑Sat Dec 09, 2023 12:54 am Legal question. When he was shooting at the suspect as the suspect ran away if he had hit him in the back would this be a different story since the shooter was running away? Was there still a threat?

Of course all of this is Monday morning quarterbacking.

In the case of a police officer, they can use deadly force to stop a person fleeing from a felony.

Just a couple minor technical corrections on this. Texas Penal Code section 9.51 allows police (and others) to use deadly force to prevent a felon from escaping "after arrest". Section 9.42 allows anyone to use deadly force to prevent someone from fleeing after committing burglary, robbery, aggravated robbery, or theft during the nighttime IF they still have the stolen property. As with the CCP allowing anyone to recover stolen property and arrest the person with it, the emphasis is on recovering the property more than just stopping the person from fleeing.

And even more importantly, in 1985 the SCOTUS ruled that this was no longer allowed in general. In Tennessee v. Garner, they said police may only shoot a fleeing felon if they have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. As a result of this decision, a close examination shows that the citizens have more legal authority to shoot fleeing felons than the police do. This is how it should be since the police specifically have the principle job to arrest and bring to trial the suspect while citizens have the primary function of protecting themselves and their property.