Some will find the following comparison requires a bit of nuance – but the differences are clear:
In the first instance, an off duty police officer, Amber Guyger, was headed for what she thought was her apartment – but it was not. The door was apparently unlocked. She entered. She saw a strange man. He was on his sofa eating ice cream at the time of her entry. She said she felt her life was threatened. She shot and killed him.
She was convicted in a Dallas court of murder. HERE is more detail.
In the second instance, an on duty police officer, Kim Potter, was present during a traffic stop. The officers at the scene learned that Duante Wright, the driver, had an outstanding warrant for a weapons violation. Officer Potter approached and attempted to arrest him, warning “I’ll tase you.” He attempted to flee in his vehicle “…with a police officer (Potter) dangling from his car…". She unintentionally shot and killed him after grabbing the wrong weapon.
She is charged with manslaughter.
While I hate to see anyone charged with murder or manslaughter for what is in reality an honest, but careless mistake, I see a clear distinction between these two cases.
In the first instance, neither a criminal nor an attempted escape was involved. There was pure innocence on the part of the deceased. The police officer’s carelessness or mistake was not provoked by a “heat of the moment” attempted escape by a known criminal. While the shooting was a mistake, it was intentional, careless, and unprovoked.
In the second instance, a known criminal attempted to escape during an attempted apprehension. A jury should find the police officer “not guilty” even if she did intentionally shoot. The man was attempting to escape arrest and endangered the officer’s life in the process. The shooting was clearly provoked by the actions of a criminal.
If the Minnesota jury finds this officer guilty and I was a cop in that state, I would hasten my way to a state that had greater respect for law enforcement and the rule of law. HERE is more detail on this case.
See more regarding rights of police in apprehending a fleeing felon:
Use of Deadly Force in the Arrest Process - LSU Law Digital …
https://aizmanlaw.com/evading-officer-causing-death-serious-bodily-injury/
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