The only reasonable argument, depending on ones perspective, is that once Brooks fired the last cartridge ( at the cop let's remember ) the weapon was no longer a deadly weapon and therefore the cop should have known deadly force was not called for.
Originally Posted by HedonistForever
Are you familiar with the model of "Tazer" used?
And are you aware that some Tazers have 3-5 "rounds"?
It appears that only one was fired at the officer who was hit.
Additionally, you will not find a definition of firearm as a "deadly weapon" in which it is qualified by "loaded" ....
... there are some really good reasons for that FACT ...
THE MOST IMPORTANT OF WHICH is that when one is faced with an incident involving a "deadly weapon" one is not required to determine if the "deadly weapon" is LOADED before exercising their RIGHT to protect themselves or protect others.
If the crook thought the Tazer only had one "round" in it why did he continue running with it after he fired it and hit the officer? It was useful to him ...
.. when you point a firearm at an officer it is aggravated assault on a peace officer even if it is UNLOADED! ... and the peace officer is entitled to use his or her deadly weapon on you .... to protect themselves and THIRD PARTIES ... the peace officer doesn't have to be concerned whether it was loaded or not.
Even the Dumb Ass (DA) didn't qualify the Tazer as a "deadly weapon" if it's LOADED!
HF ... with all due respect you are adding facts AFTER THE FACT to this event ... that's why the event is determined from the perspective of the officer involved and not the Monday Morning Quarterbacks (of which there are 10's of 1,000's) who want to add facts to what the officers KNEW and SAW at the moment. The standard of a "reasonable officer" is not established after days (or sometimes weeks) of INVESTIGATION and repeated examination of various video views from different sources .... along with days/weeks of pundits and so called experts offering their opinions ... when they weren't even in the same State, much less at the scene....
Such as Geraldo Rivera last night on Fox! He was sounding like the Dumb Ass!
The sad thing is of had he escaped, used the Tazer (loaded or unloaded!) to highjack a vehicle with a mom and kids, drove them to seclusion and killed them, and went into hiding .... the story wouldn't have made a blip on the News ..... and there would be no threads on Eccie .....
.. that's what the cop may have prevented and that's why he's justified according to the SCOTUS to use deadly force to stop him with probable cause, which he had.