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seamusTX wrote:

Wouldn't I, under the same set of "as reported" circumstances, likely be charged with AA just for pulling my weapon and pointing it at him?

If you were a uniformed police officer on duty, I think not.

- Jim

Unfortunately, I know you're right Jim. I'm surprised to hear that a bullet from my weapon lodged in another's liver wouldn't be considered pretty clear evidence that I intended to snuff the guys life out. It's not exactly the same as me shooting his knee cap off to keep him from running away. And the, "he reached for his waistband" defense is right up there with my son telling me the dog ate his homework...ummmm, I didn't believe that either. Seriously, if he didn't have a weapon, and he didn't, who would believe he would be reaching for his waistband? Who knows, if his family hadn't been standing there watching I'd say chances are pretty good he would have ended up having a weapon...even if it had been a recent gift.

I'm wondering why he was only charged with aggravated assault instead of attempted murder. Wouldn't I, under the same set of "as reported" circumstances, likely be charged with AA just for pulling my weapon and pointing it at him? And if I gut shot him, isn't that attempted murder? I mean really, the guy wasn't armed, he didn't resist arrest, he didn't attempt to flee, he apparently did attempt to defend his mother after she was shoved around, and as it turned out he wasn't even driving a stolen vehicle much less the one who supposedly stole it. From what I've read there doesn't seem to me to be any reason to use the threat of deadly force much less justification to poke a leaded hole in the guy's liver. Is there a different set of rules for a cop who shoots an innocent person?