Originally Posted by
Bernard.
About the DA charging the 6 officers with aggravated assault. I don't think it proves that a taser is a deadly weapon because I think that case is leaning more towards "any object that can be used in a manner that results in serious bodily injury". I'd love to hear the DA's explanation of the charge. Imo a taser isn't a deadly weapon but CAN be used in a manner that results in serious bodily injury (most random items can be used in a manner that results in serious bodily injury). Like I can beat you with my keyboard in a manner that results in serious bodily injury but I wouldn't classify it as a deadly weapon.
Either way, Georgia law only allows use of deadly force "only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person." To tie it back to aggravated assault and tasers, if the suspect pinned the cop and was repeatedly tasing him (using the taser in a manner that results in serious bodily injury), then I feel he would have a case to shoot the suspect with lethal. I don't think a single taser discharge is using the taser "in a manner that results in serious bodily injury". Thus, this was imo excessive force.
Where does this one higher level of force rule come from? It sounds like something I wouldn't be surprised exists, but I can't find anything about it. When looking up use of force, all I can really find is the use of force continuum as the standard some people go by.
Don't think anyone's trying to argue what the suspect did was okay. Think the only contentious point is whether or not the use of deadly force was justified/lawful. Like how a punch doesn't warrant a stabbing or how verbal abuse doesn't warrant beating someone up.