Was it legal for Darren Wilson to shoot Michael Brown?

[Savannahmann]

11. I would have a hard time with that.

It isn't all or nothing. It is a sequence of events, each moment must be viewed by the actions of the participants.

The first shot according to witnesses was when Michael Brown was leaning into the window. If he was being pulled, or pushed out is a debatable point. But the argument could be made that the first shot was the officer fearing for his life. I would not be happy with that, but using the standards of the day as I outlined in this post, I would be unable to argue that wasn't justified. Let me make the point, I don't like guns, and I don't like them to be used. But I can't arbitrarily create a new standard after the fact, I have to use the standards that are in place at the time of the event.

Michael Brown began to run according to witnesses. Now, the justification there is that the suspect had attacked a police officer. That is a felony, and at that point Michael Brown was a fleeing felon. OK, I don't like it, but I would grudgingly admit that was reasonable, if it stopped there.

Because at that point, it ceased to be justified. At that point it became murder. It could no longer be argued that Michael Brown was attacking police, he was unarmed, and at a distance from the officer. It could not be argued that he was fleeing, because he had stopped and turned and most importantly, raised his hands in surrender.

Now, here is where those standards I mentioned above come in. Because at this point Police Officer Darren Wilson committed murder. At this point he continued firing even when Michael Brown fell to the ground. At this point nothing that Michael Brown could be accused of could justify the firing of the weapon. Michael Brown could be number one on the ten most wanted list, and it still would be murder once he raised his hands.

What should have happened is that Police Officer Darren Wilson ceased fire, and had Michael Brown get on the ground. Then if he felt safe he could handcuff Michael Brown, or he could call for assistance and get someone else to secure him. At that point, Michael Brown was in custody even if he had no handcuffs on, because he had surrendered. Another officer was close by, and could have been there in a minute, or two. Michael Brown and Police Officer Darren Wilson should be alive today, their injuries treated by the hospital, and the question lain before the court as to what punishment if any was warranted.

Instead, Michael Brown is dead. Murdered by Police Officer Darren Wilson, who executed Michael Brown while he was surrendering.

I agree without reservation that it was a murder. But arguing that none of the shots were justified doesn't do it. You have to look at each shot individually. Because each shot was an individual action. Police Officer Darren Wilson when he fired that second shot was in a mindframe that he was going to keep pulling the trigger until Michael Brown was no longer moving. That is why it should be Murder in the First Degree. Because when he started to shoot, he was doing so with the intent to kill.

But I don't think we'll see Police Officer Darren Wilson charged by the County, or the State. I think that the DA will go in and tell the Grand Jury that Michael Brown was a bad man who got what he deserved. Then the DA will hold his hands up in impotence and say he did his job and there's nothing that can be done now, the Grand Jury has spoken.