be the judge was this an execution

was this a justified shooting or an execution

Minnesota nurse shot by Agents in Minneapolis 

from a first person camera view inside a business 

they pepper sprayed him , took him to the ground took his wropin away and then shot him. pretty clear public execution of this Nurse.

source

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he held both hands up one his cell phone which was kept by FBI and Bondi department, took him to the ground pepper sprayed him punched kicked him repeatedly and then shot him as he was face down in the back 9 times....; WOW I mean wow meantime senate failed to pass funding 52-47 and everyone went home for winter break next week....

this is going to be must see tv next Tuesday as the debate begins.... 

Sadly, yes and … yes.

Many things went wrong all around there by all of the folks involved and, especially those NOT involved.

The gun he, apparently, had was a Sig Sauer P320.  These are well known for misfiring — even without a trigger pull.  They have several lawsuits about this very thing.  I do not know if it misfired after the officer took it and backed away.  But I heard someone speculating on that.  I would not want to carry a gun that might misfire.

I do not think in an agitated situation that he knew was going to involve law enforcement he should have been carrying a gun.  But a good point to be made is he knew he was going into an agitated environment and might need it for protection.

But instead of fighting the officers at that point, he should have just backed off or let them subdue him.  He for sure, should have let them know he had a gun.  I think they found the gun without him letting them know.

Then, of course, when they find the gun they call it out, or even yell it out.

This puts everyone on an even more heightened alert setting.

So, IF there was a misfire in that situation the officers are trained to instantaneously react to stop a perceived threat.

I heard there might be POV footage from the officer that started shooting.  But I have not read if it has been released or not.

So, you really do not know the view of the struggle that that officer had, or did not have.

Then you have the protestors.  They absolutely have the right to peacefully gather and protest.

BUT the key word is ‘peacefully’.  They do not have the right to interfere with an investigation.  They certainly do not have the right to interfere with an ongoing operation.  They do not have the right to throw things at the agents or attack them either.

Then they are yelling and honking their horns and blowing ear-piercing whistles.

No matter how trained you are in any job, that will put you in a heightened stress situation where you are apt to make mistakes.

Imagine if someone came to your job and started blowing whistles while you were trying to concentrate.  Think of the mistakes anyone from a surgeon down to a clerical worker or construction worker would make if someone would suddenly start blowing whistles and honking horns.

Then the local law enforcement was NOT keeping the roads clear.  You saw this in both shootings.  It was because the protesters were all out in the roads trying to interfere with the officers.

There were two ladies out there and then this guy went out to them while the agents are trying to clear the road themselves because the local guys were not doing it.

Just last year the Barnes v Felicia decision came down from the Supreme Court and was unanimous.  Even Elena Kagan wrote the opinion.   

They basically concluded that:

An excessive force claim under the Fourth Amendment must be evaluated based on the totality of the circumstances, not solely the moment an officer perceives a threat.  They vacated and remanded the Fifth Circuit’s ruling that had applied a narrower ‘moment-of-threat’ analysis in that particular case.

So, there is some context to say the firing officer was justified in this chaotic situation.

But why put the officers in that situation.  You already know they are on edge.  Because you are the very ones causing them to be so alert that they are on edge.  Plus, you just saw the other incident happen in a similar atmosphere.

You also have to keep in mind that even if the guy was a nice, kind nurse just going to help pull the ladies out of the road — that the officers have no way of knowing this in the moment.

Then you can very easily make the case that the officer that shoved the lady back escalated things.  Then he pepper-sprayed this guy and shoved him back when he came out there.

Certainly the officers had just been down the road in a very similar situation and were still stressed and alert and on edge.

But you can argue that is NOT the way to try to deescalate that situation.

Awful situation all the way around.

The ladies should not have been in the road.  The officer should not have escalated it by shoving her.

The guy should not have gone out there to interfere or help once he knew the officers were trying to clear the road.

He should not have had a known gun that was apt to misfire.

The protestors should have been more peaceful and not interfering.

The local police should have been out clearing the roads in these situations.

It all added up to a very preventable tragedy.

A lady who has covered the ‘use-of-force’ cases for tha last 25-30 years wrote a very good, long and detailed piece on this whole situation.

She worded it like this:

“I believe the shooting was technically justified legally (like 50.5%, just over 50-50), but barely, and there is enough there to rule it as such. But it’s a very close call, and I see why people are upset about it. I don’t like this shooting. If the gun discharged accidentally, as some think, my percentage grows dramatically for the officer (but that’s unproven.)”

Sad, tragic, and avoidable. 

remember two officer involved fatalities there 1st was a man died with an officer clotting his neck artery with his knee when he removed the knee the man died of a massive stroke, the other a training officer who fired her wropin instead of a taser both were convicted and department paid for law suit civil damages to families crump was all over it, sad fAct was this man was white so I don't feel he represents those people in court.