General Discussion
In reply to the discussion: About that young lady the cop brutally attacked over the pool party.... [View all]happyslug
(14,779 posts)The Woman the Officer is arresting is objecting to the arrest, a couple of other African Americans females run up to object. The white civilian then stretches out his arms to push them all away from the Officer and the woman he was handcuffing. Two men then approach from the officers right and get within a foot of the officer. At that point FROM THE OFFICER'S PROSPECTIVE, he was surrounded about to be attacked, thus pulling the gun can be justified. Two other officers quickly appeared and the two males leave the area, The officer then points the pistol to the ground. The officer who had pulled his pistol then goes back to the woman he had been handcuffing and holsters his pistol and finished handcuffing her.
For purposes of any CRIMINAL PROSECUTION OF THE OFFICER, you must view the situation from his PROSPECTIVE. Was he about to be set on by the people who were all around him? If that was the case he had the right to self defense and thus the right to pull his pistol. That everyone back down AND two other officers appears shows the period of problem quickly disappeared, but for that few seconds, the officer could have thought his life was endangered and that by itself is grounds for him to pull his weapon.
Remember the officer has NO duty to retreat, he does have a duty to preserve the peace and he has the right to do so in the manner he thinks most fit. Now, if he had been trained differently, then he can be terminated, but I suspect he did as he was trained thus no liability.