O’Donnell: The Missouri Attorney General says “The Police Use of Deadly Force Law in Missouri must be changed.” in response to my question to the Attorney General he said:
“Among the problems that Ferguson has brought to light is the need to update Missouri’s use of deadly force statute. This statute is inconsistent with the Supreme Court’s holding in Tennessee v. Garner. Consequently, it is important this statutue be amended by the Missouri legislature to incorporate the Garner decision to avoid confusion in the criminal justice system”
Missouri Attorney General
O’Donnell: As I have stated on this program there should be no confusion in the criminal justice system because the United States Supreme Court clarified the proper, and legal, and constitutional use of deadly force by police, 29 years ago.
I have nobody but myself for clicking on a Daily Kos link as it is the mental equivalent of shoving pins into your eyes.
Tennessee v. Garner was the SCOTUS decision that ended “Stop or I’ll Shoot.” or basically that police could not stop a fleeing suspect in order to make the arrest (there are very controlled exceptions). But to try to apply it in the context of the Mike Brown incident is so stupid that I cannot begin to digest how the Missouri AG passed the bar (the one with the lawyer stuff, not the one with spirits which might explain everything.)
In order for Tennessee v. Garner to be used in this case and knowing that Mike Brown was never shot in the back, we must make the mental contortion of affirming that Mr. Brown was fleeing while performing the dance step known as Moonwalk.
And with his hands up.