這是一個極富爭議的執勤比例案件。
密蘇里 Ferguson 警局員警 Darren Wilson 據稱提出其隨身佩帶式監視錄影機 body camera, 指證該黑人 Michael Brown 因在路中行走妨礙交通經勸導不聽與他衝突中毆打他讓他有了黑眼圈，隨後才連續開六槍，將手無寸鐵的 Brown 打死，其中一槍貫穿其腦殼。
隨後該局又提出 Brown 在便利商店偷香菸，並計畫搶劫，不過該局隨即遭到指責披露 Brown 之錄影帶是對其作人格謀殺 “character assassination.”。
此一案例 Brown 手無寸鐵，雖有毆打員警，但員警拿槍出來指著他時他已手舉高，為何員警還要連開六槍將他打死? 執法是否有過當之嫌疑? 確有商榷之於地。
My Comment:
The Rule of proportionality should be followed in the use of force. The Brown case shows the use of force is adequate if the officer was beaten. However, can self-defense justifies the killing? If the suspect had already raised his hands, there was no imminent danger. The officer should stop shooting immediately and tried to cuff the suspect.
資料來源
Missouri cop was badly beaten before shooting Michael Brown, says source
Darren Wilson, the Ferguson, Mo., police officer whose fatal
shooting of Michael Brown touched off more than a week of
demonstrations, suffered severe facial injuries, including an orbital
(eye socket) fracture, and was nearly beaten unconscious by Brown
moments before firing his gun, a source close to the department's top
brass told FoxNews.com.
“The Assistant (Police) Chief took him to the hospital, his face all swollen on one side,” said the insider. “He was beaten very severely.”
According to the well-placed source, Wilson was coming off another case in the neighborhood on Aug. 9 when he ordered Michael Brown and his friend Dorain Johnson to stop walking in the middle of the road because they were obstructing traffic. However, the confrontation quickly escalated into physical violence, the source said.
“They ignored him and the officer started to get out of the car to tell them to move," the source said. "They shoved him right back in, that’s when Michael Brown leans in and starts beating Officer Wilson in the head and the face."
The source claims that there is "solid proof" that there was a struggle between Brown and Wilson for the policeman’s firearm, resulting in the gun going off – although it still remains unclear at this stage who pulled the trigger. Brown started to walk away according to the account, prompting Wilson to draw his gun and order him to freeze. Brown, the source said, raised his hands in the air, and turned around saying, "What, you're going to shoot me?"
At that point, the source told FoxNews.com, the 6-foot-4, 292-pound Brown charged Wilson, prompting the officer to fire at least six shots at him, including the fatal bullet that penetrated the top of Brown's skull, according to an independent autopsy conducted at the request of Brown's family.
Wilson suffered a fractured eye socket in the fracas, and was left dazed by the initial confrontation, the source said. He is now "traumatized, scared for his life and his family, injured and terrified" that a grand jury, which began hearing evidence on Wednesday, will "make some kind of example out of him," the source said.
The source also said the dashboard and body cameras, which might have recorded crucial evidence, had been ordered by Ferguson Police Chief Thomas Jackson, but had only recently arrived and had not yet been deployed.
A spokesman for the St. Louis County Police Department, citing the ongoing investigation, declined late Wednesday to say whether Wilson required medical treatment following the altercation.
Edward Magee, spokesman for St. Louis County Prosecutor Robert McCullough, said the office will not disclose the nature of the evidence it will reveal to a grand jury.
"We'll present every piece of evidence we have, witness statements, et cetera, to the grand jury, and we do not release any evidence or talk about evidence on the case."
Nabil Khattar, CEO of 7Star Industries – which specializes in firearms training for law enforcement and special operations personnel – confirmed that police are typically instructed to use deadly force if in imminent danger of being killed or suffering great bodily injury.
“You may engage a threat with enough force that is reasonably necessary to defend against that danger,” he said.
Wilson is a six-year veteran of the Ferguson police force department, and has no prior disciplinary infringements.
Massive protests have since taken over the St. Louis community, prompting Missouri Gov. Jay Nixon last Thursday to place Highway Patrol Capt. Ron Johnson at the helm of security operations in an effort to calm ongoing tensions. The federal government is also investigating the death, and Attorney General Eric Holder has taken the lead – calling “the selective release of sensitive information” in the case “troubling.”
On Friday, Ferguson police released surveillance video showing Brown stealing cigars from a convenience store just before his death. Jackson came under intense criticism for disclosing the tape and a related police report as he also insisted that the alleged robbery and the encounter with Wilson were unrelated matters. Brown’s family, through their attorney, suggested the tape’s release was a strategic form of “character assassination.”
However, FoxNews.com’s source insisted that there was absolutely no spin agenda behind the tape’s release and that there were a number of Freedom of Information Act (FOIA) media requests filed by media outlets seeking it. Tom Jackson is said to have waited on publicly releasing it, and did not want it shown until Brown’s grieving mother first had the chance to see it.
“He defied the FOIAs as long as he could,” noted the insider. “A powerful, ugly spin has completely ruined public discourse on this whole situation.”
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“The Assistant (Police) Chief took him to the hospital, his face all swollen on one side,” said the insider. “He was beaten very severely.”
According to the well-placed source, Wilson was coming off another case in the neighborhood on Aug. 9 when he ordered Michael Brown and his friend Dorain Johnson to stop walking in the middle of the road because they were obstructing traffic. However, the confrontation quickly escalated into physical violence, the source said.
“They ignored him and the officer started to get out of the car to tell them to move," the source said. "They shoved him right back in, that’s when Michael Brown leans in and starts beating Officer Wilson in the head and the face."
The source claims that there is "solid proof" that there was a struggle between Brown and Wilson for the policeman’s firearm, resulting in the gun going off – although it still remains unclear at this stage who pulled the trigger. Brown started to walk away according to the account, prompting Wilson to draw his gun and order him to freeze. Brown, the source said, raised his hands in the air, and turned around saying, "What, you're going to shoot me?"
At that point, the source told FoxNews.com, the 6-foot-4, 292-pound Brown charged Wilson, prompting the officer to fire at least six shots at him, including the fatal bullet that penetrated the top of Brown's skull, according to an independent autopsy conducted at the request of Brown's family.
Wilson suffered a fractured eye socket in the fracas, and was left dazed by the initial confrontation, the source said. He is now "traumatized, scared for his life and his family, injured and terrified" that a grand jury, which began hearing evidence on Wednesday, will "make some kind of example out of him," the source said.
The source also said the dashboard and body cameras, which might have recorded crucial evidence, had been ordered by Ferguson Police Chief Thomas Jackson, but had only recently arrived and had not yet been deployed.
A spokesman for the St. Louis County Police Department, citing the ongoing investigation, declined late Wednesday to say whether Wilson required medical treatment following the altercation.
Edward Magee, spokesman for St. Louis County Prosecutor Robert McCullough, said the office will not disclose the nature of the evidence it will reveal to a grand jury.
"We'll present every piece of evidence we have, witness statements, et cetera, to the grand jury, and we do not release any evidence or talk about evidence on the case."
Nabil Khattar, CEO of 7Star Industries – which specializes in firearms training for law enforcement and special operations personnel – confirmed that police are typically instructed to use deadly force if in imminent danger of being killed or suffering great bodily injury.
“You may engage a threat with enough force that is reasonably necessary to defend against that danger,” he said.
Wilson is a six-year veteran of the Ferguson police force department, and has no prior disciplinary infringements.
Massive protests have since taken over the St. Louis community, prompting Missouri Gov. Jay Nixon last Thursday to place Highway Patrol Capt. Ron Johnson at the helm of security operations in an effort to calm ongoing tensions. The federal government is also investigating the death, and Attorney General Eric Holder has taken the lead – calling “the selective release of sensitive information” in the case “troubling.”
On Friday, Ferguson police released surveillance video showing Brown stealing cigars from a convenience store just before his death. Jackson came under intense criticism for disclosing the tape and a related police report as he also insisted that the alleged robbery and the encounter with Wilson were unrelated matters. Brown’s family, through their attorney, suggested the tape’s release was a strategic form of “character assassination.”
However, FoxNews.com’s source insisted that there was absolutely no spin agenda behind the tape’s release and that there were a number of Freedom of Information Act (FOIA) media requests filed by media outlets seeking it. Tom Jackson is said to have waited on publicly releasing it, and did not want it shown until Brown’s grieving mother first had the chance to see it.
“He defied the FOIAs as long as he could,” noted the insider. “A powerful, ugly spin has completely ruined public discourse on this whole situation.”
Follow @holliesmckay www.twitter.com/holliesmckay
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