Yes I like to point out how the legal standard you apply to a grown man would also apply to your wife, or an elderly man or woman. This is my entire point because you are not the only person with wife or kids or elderly people they care about and the legal standard you want applied would make them all less safe. This wasnt some sneaky underhanded thing I slipped in there it was actually my main point.
So ok, a stranger comes up to you with a "deployed twice" taser that only has "drive stun." Are you, your wife, or your elderly memaw allowed to use lethal force to prevent this, or do they just have to let it happen? This is not a hypothetical question Id like an answer and the only reason youd continue to refuse to answer it is because you know Im right and you dont want to admit it.
So far you havent answered my question. Just because the dude was on his hands and knees doesnt mean that situation couldnt change quickly, as it already had been if you watched the whole video and the extended grappling match that got them where they were. It was completely reasonable to fear that this person who had been fighting with the officer extensively and been consistently slipping out of his attempts to incapacitate him would continue to do exactly that and the second his hands were free would use the weapon that he had.
Again, youre an ordinary dude, someone else attacks you with a weapon. You grapple them to the ground but they dont let go of the weapon and continue to struggle with you. Are you actually suggesting in this situation the person who was attacked doesnt have a resonable fear of being attacked again? By the time Pregnant Woman Beater was on the ground he had already attempted one disarm and then successfully disarmed the officer. Is the fight really over because hes pinned?
Well. Let's start with the fact that it's not my elderly grandmother..the suspect here didn't come up to them etc.
Your scenario isn't anything like what happened.
For the scenario to be analogous...My me maw would have to have tackled the man..tried to use the taser twice.. would be on their back keeping them down and etc.
However..
A man approaches me with a drive stun capable weapon intent on hitting me with it.?
Can I use deadly force? Questionable.
I am a large strong man trained in poli? ce tactics and martial arts.
A lot more would have to be known.
What's the size of the man in front of me.. ?
Do I have room to manuever..? Etc.
Frankly the drive stun in q stand up fight is probably less deadly than say taking a kick or knee to the head..
What I do know is that as a Leo. I faced such scenarios with suspects coming at me with weapons deadlier than driv stuns..knives and improvised clubs and I didn't have to kill them.
As I stated earlier.. in the scenario with this police officer ? If the suspect had gotten to his feet..was holding the deployed taser in a way to use it and turned on the officer and came at him?
And the officer shot him? I'd give the benefit of the doubt to the officer.
But that's not what happened. The officer was on top of the suspect with his weight fully on him ..with the suspect on his hands and knees and I don't believe holding the taser in a way it could be used.