>>BRUCE HAMILTON: THE FULTON COUNTY DA MAY DECIDE AS EARLY AS TODAY, WHAT CHARGES IF ANY
WILL BE FILED AGAINST THE
ATLANTA POLICE OFFICER.
>>BRUCE HAMILTON: INVOLVED IN
THE SHOOTING DEATH OF
RAYSHARD BROOKS THAT SHOOTING
PROMPTED DEMONSTRATIONS, THE
RESIGNATION OF ATLANTA’S POLICE
CHIEF AND OFFICER GARRETT ROLE
SPY RING. LETTERS MAYOR SAID THERE MAY BE DEBATE AS TO WHETHER THIS WAS APPROPRIATE
USE OF DEADLY FORCE SHE FIRMLY
BELIEVES WHAT YOU CAN DO.
AND WHAT YOU SHOULD DO ARE 2
DIFFERENT THINGS. JOINING ME
NOW TO TALK ABOUT THAT ON THE
MORNING SHOW PROFESSOR PHILIP
STENSON WITH BOWLING GREEN
UNIVERSITY, WHO MAINTAINS
WHAT’S BELIEVED TO BE THE MOST
FEDERAL DATABASE IN
THE NATION. A POLICE OFFICER’S
A OFFICERS CHARGED WITH ON-DUTY
KILLINGS. GOOD MORNING.
GOOD MORNING BURGERS I SHOULD
POINT OUT AS WELL THAT YOU’RE A
FORMER POLICE OFFICER,
YOU FOUND THAT THE MAJORITY OF
THOSE POLICE OFFICERS ARE NEVER
LEGALLY CHARGED WHY.
>> THE BEST ESTIMATE THAT I
HAVE IS THAT ABOUT 1000 TIMES
EACH AND EVERY YEAR ACROSS THE
UNITED STATES ON DUTY POLICE
OFFICERS SHOOT AND
KILL SOMEONE AND YET WE’VE ONLY
SEEN SINCE 2005 A TOTAL OF 111
OFFICERS CHARGED WITH MURDER OR
MANSLAUGHTER RESULTING FROM AN
ON-DUTY SHOOTING.
FRANKLY MANY OF THE ON-DUTY
SHOOTINGS ARE LEGALLY JUSTIFIED
IN OTHER WORDS AN OFFICER
HAD A A REASONABLE APPREHENSION
OF AN IMMINENT THREAT OF
SERIOUS BODILY INJURY OR DEATH
BEING GOES AGAINST THE OFFICER
OR
SOMEONE ELSE. IT’S ALSO VERY
DIFFICULT TO OBTAIN CONVICTIONS
IN THESE CASES SO WHEN CHARGES
ARE BROUGHT. IT’S NOT AN EASY CASE. IT’S NOT AN EASY JOB FOR THE PROSECUTOR PROSECUTOR’S JOB
IS TO
SEEK JUSTICE. AND THEY FOUND
IT’S A IT’S DIFFICULT AND I
THINK THE MAIN REASON FOR THAT
IS THAT JURIES ARE VERY
RELUCTANT TO SECOND-GUESS THE
SPLIT-SECOND LIFE OR DEATH
DECISIONS OF ON-DUTY
POLICE OFFICERS IN POTENTIALLY
VIOLENT STREET ENCOUNTERS,
LET’S TALK ABOUT THIS CASE IT
STARTS OFF WITH BROOKS
LARGELY COOPERATING.
>>BRUCE HAMILTON: AND THINGS
SEEMS TO HAVE GONE AWRY WHEN HE
WAS BEING HANDCUFFED WHAT YOU
THINK MAY HAVE TRIGGERED THAT.
>> WELL, I’M NOT SURE THE OFFICERS TOLD HIM WHAT THEY WERE DOING THAT THEY WERE
ACTUALLY HANDCUFFING HIM AND
FOR SOME REASON HE GOT SPOOKED
ANY RAN
OFF IN AND THEN IT JUST WENT
SOUTH FROM THERE FRANKLY.
NUMBER SIDES TO THE ARGUMENTS
HERE.
>> A STUN GUN IS NOT A LETHAL
WEAPON. THERE WAS NO NEED TO
EMPLOY
LETHAL FORCE. THE OTHER SIDE IS
THE OFFICER COULD HAVE BEEN
INCAPACITATED AND FELT HIS LIFE
WAS INDEED
IN JEOPARDY. THEN THERE ARE
OTHERS WHO SAY THIS WASN’T A
VIOLENT CRIME. THEY HAD HIS CAR
THEY HAD HIS
I D AND THEY THEY COULD HAVE
FOUND HIM EVEN THOUGH HE TOOK
OFF. DA HAS A LOT TO SORT OUT.
>> WELL ABSOLUTELY DOES THIS IS NOT A SIMPLE CASE, THIS IS A CASE THAT WOULD MAKE
A GREAT LAW SCHOOL EXAM
QUESTION OR BAR EXAM QUESTIONS
JUST
A VERY VERY DIFFICULT SITUATION
IS GOING TO BE INTERESTING TO
SEE WHAT MISTER HOWARD THE
DISTRICT ATTORNEY IN FULTON
COUNTY DOES KNOW I KNOW
MISTER HOWARD AND HE’S NOT ONE
TO SHY AWAY FROM DIFFICULT
CASES INVOLVING POLICE OFFICER,
SO WE’LL SEE HOW THAT PANS OUT
TO BE SO EVEN WHEN YOU TALK TO
COPS SOME POLICE SAY THIS WAS
A.
>> A LAWFUL USE OF FORCE AND
THEY CALL IT LAWFUL BUT AWFUL
MEANING
THE OFFICER COULD HAVE TAKEN
ALTERNATIVE ACTION THAT DID NOT
RESULT IN THE CIVILIANS DEATH.
THIS IS REALLY A GRAY AREA.
>> WELL UNDER THE RELEVANT
SUPREME COURT CASE LAW YOU
COULD ACTUALLY HAVE A SHOOTING
THAT’S FOUND TO BE LEGALLY
JUSTIFIED AND THE SAME TIME
HAVING TO EXPLAIN TO A
VICTIM’S FAMILY THAT IT WAS
LEGALLY JUSTIFIED. BUT IT WAS
INAPPROPRIATE IT WAS
UNNECESSARY AND VIOLATED AGENCY
POLICY.
>>BRUCE HAMILTON: YOU TALK
ABOUT GEORGE IS BEING HESITANT
TO CONVICT WHEN IT COMES TO
POLICE OFFICER INVOLVED
SHOOTINGS. YOU’VE SEEN THIS
VIDEO YOU SEE THE OTHER VIDEOS
IN THIS CASE THAT HAVE COME OUT
HOW DO YOU THINK THIS
PARTICULAR SITUATION
MAY PLAY WITH THE JURY IN
COMPARISON TO SOME OF THE OTHER
CASES THAT HAVE BEEN
DOCUMENTED.
>> WELL I’M ALL I’M A FORMER
TRIAL ATTORNEY AND I’M
RELUCTANT TO TRY TO PREDICT
WHAT A JURY IS GOING TO DO IT
DOESN’T ALWAYS WORK OUT THE WAY
I THINK IT’S GOING TO WORK OUT
A NEST.
ABSOLUTELY TRUE IN THESE CASES
WE’VE HAD CASES IF YOU THINK
BACK TO OF SIR MICHAEL SLAGER
IN THE NORTH CHARLESTON, SOUTH
CAROLINA POLICE DEPARTMENT
VIDEO. IT WAS PRESENTED HIS
STATE
MURDER TRIAL WAS VERY STRONG
EVIDENCE IT WAS A REALLY
SURPRISING THAT THE JURY WAS
NOT ABLE TO REACH A UNANIMOUS
VERDICT IN THAT CASE IF YOU
JUST CAN’T PREDICT WHAT A JURY
IS GOING TO DO SOMETIMES RAISED
MORE QUESTIONS THE ANSWER.
SOMETIMES THEY LEAVE
QUESTIONS UNANSWERED,
PROSECUTORS NEED TO
UNDERSTAND THAT THEY CAN’T RELY
SO HEAVILY ON THE VIDEO
EVIDENCE THEY’RE STILL GOING TO
HAVE HIM BUT OTHER EVIDENCE TO
TO PRESENT THEIR CASE BEYOND A
REASONABLE DOUBT TO A JURY.
>>BRUCE HAMILTON: DOCTOR SINCE
IT APPRECIATE YOUR TIME AND