Reader’s response to Tucy’s letter

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Mr. Tucy

I can tell that like many others who have had much to say about the Michael Brown shooting, you are uninformed of the use of force laws governing police.  When I went through the police academy, there was a fellow cadet who I came to know fairly well.  Although color doesn't matter, he just happened to be black.  He and I sat next to each other in class and I liked him a lot.  Everyone did.  But, he was huge.  He was about 6'2" and weighed about 300 pounds.  He was a former college football player and I saw him bench press 500 pounds like it was a feather.  Strongest man I ever knew.  Sadly, two years after graduation, that officer lost his life in the line of duty. 

Anyway, I was glad he was one of the good guys.  See, we had to fight and wrestle each other in the academy.  Some of us had to fight and wrestle him.  He had to hold back because he knew he was strong enough to kill any one of us with one good swat.  I knew that man could easily kill with his bare hands. 

Not all officers are former college ball players who can bench press 500 pounds.  Most of us are just average guys who are dedicated to serving the public.  State and federal law and the US Supreme Court all recognize that every situation where use of force is employed by police is unique and that each situation must be considered and investigated individually based upon the totality of its surrounding circumstances.  In other words, the use of force laws are recognized as a continuum, because every encounter between police and civilians is unique.  The US Supreme Court has also recognized and and considered physical differences between people in these use of force cases.  In other words, the court recognizes that a 175 pound police officer is generally no physical match for a 300 pound criminal.  The officer might be easily knocked out or subdued, in which case it would then be easy for the crook to take his gun and kill him with it.

The Supreme Court has recognized that attempting to take a weapon from an officer is tantamount to attempted murder and is therefore a deadly force situation.  Texas state law also makes it a felony to take or to attempt to take a weapon from a peace officer.  Therefore, the laws and courts agree that in some situations, police can use deadly force against  criminals who are severely beating them or trying to overpower them and take their weapon.  According to eyewitness accounts and forensic evidence, Michael Brown, a man evidently larger than Officer Darren Wilson, attacked, assaulted and attempted to take Officer Wilson's weapon, a deadly force situation.  He then apparently retreated and officer Wilson, attempted to regain control of the situation in order to arrest Brown, who had just committed at least two felonies.  Brown then returned and attacked again.  So, based on that evidence, there was precedent for Officer Wilson to believe that the intent of Brown's second attack would be the same as the first, attempted murder of a police officer.

That's the evidence, as I understand, that was presented to the grand jury, which was comprised of a mix of races, including blacks.  A jury of people from the community of Ferguson, MO returned a no-bill and refused to indict Officer Wilson based on the evidence.  Justice was done.

Dan Waddell

Gonzales

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