Seems like a lawsuit in the making

[BigBlue]

From http://www.foxnews.com/us/2015/06/29/captured-inmate-david-sweat-in-critical-condition-as-police-wait-to-interview/ about the recent capture of the second escaped inmate in NY.

Sweat was captured alive, but badly injured around 3:20 p.m. Sunday, when State Police Sgt. Jay Cook spotted Sweat walking down a road in the town of Constable, about 1½ miles from the Canadian border. Sweat cut toward a line of trees and refused commands to stop, authorities said.

Fearing Sweat could make it to the tree line and disappear into the forest, Cook fired two shots and hit Sweat in the torso, New York State Police Superintendent Joseph D’Amico said.

I thought use of deadly force was only if the officer was in peril from the bad guy? Shooting an escapee in the back (cleverly wordsmithed as 'torso' in the news) seems to contradict that standard. So is this a standard alternative to actual physical apprehension or a lawsuit in the making?

BB

[LarryFlew]

For an escaped killer I would think there is already an unspoken peril.

[jshuberg]

It depends entirely on state law, but here in MN the officer would be able to make a good argument that deadly force was justified.

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.

https://www.revisor.mn.gov/statutes/?id=609.066

Since the guy was an escaped convict, who had previously killed people. If allowed to escape there may be reasonable grounds to believe that he would kill again if he felt is was necessary to remain at large.

[Nougat]

2) to effect the arrest or capture, of a person whom the peace officer knows has committed or attempted to commit a felony involving the use or threatened use of deadly force- I think this one works pretty well for escaped killers


no matter who you are can you really get away with disobeying orders from police around the borders in the woods?
even going to the family cabin (in Canada)to go fishing and coming home was a big deal when I was little.

[yukonjasper]

What they said and I'll add that when you do bad things and then try to skip out on paying society for the debt and then cost that society again in searching for you, putting citizens in fear, a lot of legal discretion in your favor is lost. I can't imagine any judge wanting to deal with that **** show.

[Bearcatrp]

They need to bring back "capture dead or alive" when these turds break out of jail. But am hoping the cops didn't screw the pooch by displaying him sitting up like a trophy with 2 bullet holes in him. I can see some scum bag lawyer see an opportunity to help this lowlife . They should have capped the SOB, but thats my opinion.

[bstrawse]

From http://www.foxnews.com/us/2015/06/29/captured-inmate-david-sweat-in-critical-condition-as-police-wait-to-interview/ about the recent capture of the second escaped inmate in NY.

Sweat was captured alive, but badly injured around 3:20 p.m. Sunday, when State Police Sgt. Jay Cook spotted Sweat walking down a road in the town of Constable, about 1½ miles from the Canadian border. Sweat cut toward a line of trees and refused commands to stop, authorities said.

Fearing Sweat could make it to the tree line and disappear into the forest, Cook fired two shots and hit Sweat in the torso, New York State Police Superintendent Joseph D’Amico said.

I thought use of deadly force was only if the officer was in peril from the bad guy? Shooting an escapee in the back (cleverly wordsmithed as 'torso' in the news) seems to contradict that standard. So is this a standard alternative to actual physical apprehension or a lawsuit in the making?

BB

Escaped murderer, immediate public danger - I imagine this is pretty clear in NY State law (though I did not go look)
b

[PhilaBOR]

In the MAG40 class Mas talked about shooting a fleeing bad guy. I don't remember the details but basically what they said above. If you're sure he's a bad guy and very likely he will do really bad things if he gets away.

[Boone]

NY 30:35 clearly lays out a peace officer using deadly force.

Also, Tenn vs Garner.

[Snakeman721]

Sorta related topic....since when did NY have a spare THOUSAND cops to go out searching for these guys over the last couple of weeks. Seems like waaaaaay too many cops getting paid for sitting around when there's NOT someone to be searching for. Just saying.......

[Nougat]

There are approximately 35,000 (thirty five thousand) New York City police officers. According to Wikipedia, the exact count as of 2009 was 35,284-6 years ago.
1,200 police and federal authorities

so maybe a few non new york city new york cops were involved?
1000 isn't alot...Taking part in a manhunt doesn't mean they were doing nothing before, I'm glad if they could give a few less traffic tickets or whatever to catch an escaped killer


1000 involved doesn't even mean at the same time either, so they swapped some shifts around etc. its not like its 1000 guys going though the woods in a sweep arms linked or anything

[bstrawse]

Sorta related topic....since when did NY have a spare THOUSAND cops to go out searching for these guys over the last couple of weeks. Seems like waaaaaay too many cops getting paid for sitting around when there's NOT someone to be searching for. Just saying.......

I'm sure other duties were set aside for this manhunt, which was led by the NY State Police & the NY State Department of Corrections.

b

[harryset]

Shooting Sweat in the back was one of several reasons given, as to why the State wouldn't choose to drag him back into court.