Georgia Wendy’s shooting - legal thoughts. #thread:
1) The police investigation began after a 911 call that a man was asleep or passed out in the Wendy’s drive through lane.
2) 1st officer arrived and personally observed driver asleep behind the wheel in the drive through lane.
1) The police investigation began after a 911 call that a man was asleep or passed out in the Wendy’s drive through lane.
2) 1st officer arrived and personally observed driver asleep behind the wheel in the drive through lane.
3) Vehicle was on, operational, and it took the officer multiple tries to wake the driver. Officer asked driver to move out of the drive through lane and park the car.
4) Vehicle hit curb while parking. Plus driver was groggy, slurred speech, alcohol odor, watery eyes, confusion
4) Vehicle hit curb while parking. Plus driver was groggy, slurred speech, alcohol odor, watery eyes, confusion
5) 2nd officer arrived on scene & first obtained all background info from both 1st Officer & driver. Driver was confused, changing story, etc.
6) Instituted field sobriety tests (showed evidence of intoxication) and field breath test (BAC .10 > .08 limit)
6) Instituted field sobriety tests (showed evidence of intoxication) and field breath test (BAC .10 > .08 limit)
7) Georgia law allows DUI enforcement on private property like Wendy’s parking lot. Control of vehicle is sufficient for DUI arrest, evidence of driving behavior not necessary. Officer had authority and probable cause to arrest driver for DUI. codes.findlaw.com/ga/title-40-mo…
8) Resisting a lawful arrest with violence towards the officer is a felony under Georgia law. law.justia.com/codes/georgia/…
9) Driver resisted arrest violently. Officers screamed multiple times to stop, told him to get his hands off the taser.
9) Driver resisted arrest violently. Officers screamed multiple times to stop, told him to get his hands off the taser.
10) Driver stole taser from the officer via assault & battery and ran, now committing another felony, a robbery. law.justia.com/codes/georgia/…
11) Driver assaulted two police officers.
12) Driver is now a dangerous felon escaping / fleeing.
11) Driver assaulted two police officers.
12) Driver is now a dangerous felon escaping / fleeing.
13) Officer chases driver as he’s fleeing. Driver points taser at pursuing officer while taser is on (you can see light on taser engaging because the driver is trying to shoot the officer with the taser).
14) Driver about to commit aggravated assault on police, another felony.
14) Driver about to commit aggravated assault on police, another felony.
15) This is the moment that 2nd Officer and fleeing felon (driver) are in a duel scenario. Officer has his firearm out BECAUSE a second prior the fleeing felon discharged a taser at him. Fleeing felon points it again at officer leaving no choice and officer now fires his firearm.
16) Officer was not using deadly force to apprehend a fleeing felon. In that moment, officer is using self-defense.
Officer initially chased with his taser in hand. He SWITCHED from taser to firearm only after fleeing felon shot taser at him.
Officer initially chased with his taser in hand. He SWITCHED from taser to firearm only after fleeing felon shot taser at him.
17) Fleeing felon continued to keep taser engaged (light on) and pointed at officer after discharging it. Officer is chasing a fleeing felon but his intent was not to seize him w/ deadly force. Fleeing felon converted the use of force after firing taser at officer & aiming again.
18) Watch the HD version to see fleeing felon turn his head and look back at the officer as he's running forward and discharging the taser at the officer. Driver wasn't randomly "shot in the back" - sometimes positioning can be deceiving.
Video of Officer Brosnan, the first officer on scene, arriving at the Wendy's and trying to wake up Rayshard Brooks, who was asleep behind the wheel of his car in the middle of Wendy's drive-through.
Here is my column on this. townhall.com/columnists/mar…
