posted on Jun, 1 2020 @ 07:52 PM
a reply to:
Edumakated
That is a bit of a stretch.... more like someone is out of shape and gets into a tussle with cop and has heart attack. The wrestling with cop causes
too much stress and the person dies. Is the cop responsible for that person's death?
Was the cop justified in using that level of force against the suspect? If no, then yes, he's responsible. What if the officer continues to "tussle"
with a limp body for a few minutes after he's unconscious? You know, "just to be sure" the guy is properly put in his place and not faking... Let's
say the cop used pepper spray to stop a resisting suspect. Is that justified? Maybe. If the suspect dies of an allergic reaction, the cop isn't liable
when his action was justified. Presumably, there is an attempt to render aid.
Now what about when the suspect is or is not allergic, in cuffs with three other officers present, he sprays him again? And then again. The suspect
is on the ground crying that he can't breathe pleading for help, and despite the fact his safety is the responsibility of those officers because he is
in their "custody", the officer sprays him again repeatedly. Then the man falls unconscious and the officer sprays him a few more times before putting
away his pepper spray. Is he liable now?
If you think the answer is "no", what the # is wrong with you? When harm comes to someone because you committed a crime, you are liable.
And any legally interested party, including the defense aka the officer(s), is going to be able to a) have an autopsy performed by his own expert,
and/or b) have access to every aspect of the already performed autopsies, including audio, visual recordings of the body, process, etc A judge
(probably ask for a bench trial) or a jury will have the occasion to listen to the defense's own experts, who will be allowed to try to undermine or
even impeach whatever expert testimony and evidence are provided by the prosecution.