*Disclaimer* This post was created based on the video, personal experience as an officer, and similar situations. If you are offended by this post, do not reply. This isn't about your feelings, but about facts.*
Lets take a look at things in order:
Pre Video
Lets start off with stuff we know prior to the dashcam video going.
- There was an armed robbery in the area recently and the officer was the officer that took the report and saw video/pictures of the suspects
- Driver and passenger smoked marijuana in the vehicle with a small child present prior to being stopped
- Driver is in possession of his licensed firearm while under the influence of marijuana
- Officer pulled over driver for investigative purposes based on the armed robbery with the pretext of stopping the driver for the brake light being out
- Officer didn't get a good view of the driver prior to deciding to stop the vehicle and only had minimal things to believe it was the same person (hair style, nose style)
Opening of video: Prior to shooting (also includes stuff from testimony)
- Brake light is visibly out, stop is ok
- Officer approached on driver side, backup on passenger side but stayed behind the passenger side door, closer to the rear door and won't be able to see drivers hands when reaching for anything
- Officer smells odor of burnt marijuana
- Officer explains reason for stop and requests license and registration. Registration is handed over, but not license
- Driver maintains gaze straight ahead and mumbles to self. Keeps left arm on steering wheel while reaching with right hand
- At this point, Officer is told there is a gun in the car and tells driver "don't reach for it"
Shooting
- Officer gives several commands over several seconds to stop moving and not to reach. Officer also reaches in with left hand before removing hand and firing into the vehicle
- Back up officer isn't nearby and actually runs back when first officer draws weapon
Post Shooting
- Passenger decided this was the moment to go live on Facebook and beings streaming the aftermath
- Multiple officers arrive. Passenger is removed from vehicle and handcuffed until things can be resolved. Driver is removed and CPR is started.
Aftermath
- Passenger gets taken to police precinct and questioned and released at 5 am.
My take
There are issues with 3 people involved: The officer, the backup, and the driver. The passenger had issues afterwards with stuff, but none were a contributing factor to the shooting, aside from the marijuana use with the driver.
Officer If he thought that it was the armed robbery suspect, do a felony stop. If he was unsure if that was the suspect and had time, run the tag and get a picture of the registered owner (NOTE: I do not know if that is possible in all states. It is in mine.) and compare it with the BOLO of the armed robbery suspect(s). When informed by driver that he had a gun, should have notified back up officer.
Back up officer Positioning wasn't that good. I understand why he stayed behind the passenger side door, but should have put himself in a position to see the drivers hands from his view too. When he heard partner yelling out "don't reach!", should have moved forward to a position to see what was being reached instead of retreating. An extra set of eyes that has a different angle is always useful.
Driver Should NOT have been carrying weapon after smoking marijuana shortly prior. I firmly believe this is what led to the wrong path. The lethargic nature of being under the influence created a dangerous situation. Kept eyes straight ahead and mumbling after informing officer of weapon, which he did after already producing a document (registration.) Continued to reach near waist area even after being told not to.
When weighed, the marijuana use combined with the carrying of his firearm was the main factor. If you are going to carry your weapon legally, that means WHILE NOT UNDER THE INFLUENCE OF ANYTHING! Your judgement is impaired.
If you are a concealed permit carrier, do NOT be under the influence of anything when carrying. If/When stopped by police, keep your hands on the steering wheel and inform the officer you have a firearm on you (or in the car, if you are transporting it somewhere like a range or shop.) DO NOT MOVE until instructed to do so. It doesn't matter if you are reaching for it, your wallet, your seatbelt, or to scratch your ass...DO...NOT...MOVE! It's not rocket science.
"He told the officer he has a weapon. Why would he do that and then reach and pull it out?"
Hell if I know. I've had people tell me they had a weapon of some sort and still reached for it. I've had people reach for a gun in their waist after telling me that while 5 other officers were there. People do stupid things. I've had people in full security uniforms and gun belts with their ID's hanging out rob a store. I've had felons openly carry.
Know why the officer wasn't convicted of manslaughter?
"The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection."
That is the definition. The shooting was justifiable, based on the circumstances presented to the court and that has been presented based on the dashcam video, medical notes, and prior evidence. Also, an officer is trained to shoot center mass to stop the threat, which is not the same as "shoot to kill."
We are not trained to shoot the hand, the knee, the arm, the leg, shoot a gun away, ect. We are also not trained to wait until someone pulls a gun out completely so we can see it.
I had said this a few times and I'll say it again. If your local police department has some sort of "Citizens Academy" course or program, please enroll in it. Especially if they do scenario training. You will learn a bit about training officers have, what happens during situations, what can happen, ect. You will learn laws, reasons why certain things happen, ect. You may also see what happens when things go horribly wrong.