Off Duty officer shoots suspect who tried to grab his gun

View · by **GunClasses.Net** on Mon Dec 24, 2012 7:22 am

I didn't see this story covered elsewhere...

Details of this incident are available:
http://goldenvalley.patch.com/articles/name-released-in-officer-involved-shooting

Officer retained his weapon.

View · by **MNGunGuy** on Mon Dec 24, 2012 7:59 am

Bad guy punches off-duty po in the head and gets in car. Off-duty PO tries to pull bad guy out but can't so draws his gun. Bad guy tries to take it and as he's driving off PO shoots twice.

Does the duty to retreat not apply to off-duty POs? If the guy is in a car about to drive off it seems like the threat is already moving away from you.

View · by **xracer390** on Mon Dec 24, 2012 8:01 am

Can an officer (off duty or on) shoot a fleeing unarmed person?

View · by **TTS** on Mon Dec 24, 2012 8:08 am

Here is the statute:
Subd. 2.Use of deadly force. Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only when necessary:
(1) to protect the peace officer or another from apparent death or great bodily harm;
(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or
(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed.

View · by **MNGunGuy** on Mon Dec 24, 2012 11:24 am

So on duty if there's a threat of deadly force/GBH they can. But off duty?

View · by **matthew.allen** on Mon Dec 24, 2012 11:47 am

MNGunGuy wrote:So on duty if there's a threat of deadly force/GBH they can. But off duty?

It is in the line of duty, not on duty. MN law, and most departments' policies allow officers to act in the capacity of on duty officers even if thy are off duty, depending on the situation. Also, whether a law enforcement person or not, someone attempting to forcibly disarm would generally be considered a lethal threat.

View · by **MNGunGuy** on Mon Dec 24, 2012 12:20 pm

matthew.allen wrote:It is in the line of duty, not on duty. MN law, and most departments' policies allow officers to act in the capacity of on duty officers even if thy are off duty, depending on the situation.

Good to know, thanks!