Monday, December 21, 2009

On the DC cop who pulled his gun at a snowball fight

Althouse is defending him due to the circumstances. I can say that here in Oklahoma, if a citizen with a CCW drew in such circumstances, he'd be in jail. And facing fines, maybe jail time, and having his permit yanked.

One of the things taught in the class here is that if you draw that weapon, THAT is using deadly force, which is only justified in some circumstances. Also, not just waving it about but- for instance- opening your coat to flash it is 'brandishing', which can also get you in serious trouble.

Unless the cop can demonstrate reason why he feared a serious attack...


Anonymous said...

You make me sick.

Under Oklahoma law O.S. 11-1111, throwing any substance at a moving vehicle is a felony punishable by up to 10 years and up to a $10k fine. As it should be.

Moreover, O.S. 643, subsection 3, allows the minimum necessary necessary use of force merely to prevent interference with the lawful use of property (the vehicle).

The fact that more than two people participated in the attack would have made it a riot under Oklahoma law. The fact that the victim, as such, was a cop would have made it a felony with a mandatory minimum two year sentence (O.S. 1312, subsection 2). Likewise, any of the rioters wearing a ski mask ("disguised") would have been sent up on a mandatory two year minimum sentence (subsection 3).

Under O.S. 104, the office would have had a positive duty to suppress the riot. Drawing a gun does not constitute unnecessary use of force in such circumstance. (Although it is pointless if you have fewer bullets than rioters, as the cop apparently decided.)

Oh, and intentionally hitting a person in the face without their consent is assault and battery. Even with a snowball. Preparing for a potential escalation of the attack is not excessive use of force.

GuardDuck said...

Well anon,

All of that would have made a good point and the beginning of a decent discussion, except for the first sentence ad hominem that ruined it.

Firehand said...

There's an awful lot of 'could be' and 'might' involved in that.
Yes, throwing snowballs at cars is dumb. And illegal. Drawing a sidearm over such is bullshit. And having a number of people throwing may meet the technical definition, but that ain't a riot. And shouldn't be treated as such.