Deadly Physical Force - The Call Might Seem Routine But That Is When You Get Into Trouble

Rickey Stokes

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Posted by: RStokes
Date: Feb 18 2013 12:44 PM

ALABAMA:  This weekend when Enterprise Police used deadly physical force, I mentioned in the article about deadly physical force.

The following is not about the Enterprise Police shooting, it is about anytime when a law enforcement or person uses deadly physical force.

As it has been explained to me, deadly physical force is used only when the law enforcement officer or individual feels their life or the life another is in fear of death or serious physical injury. Understand the word "serious" physical injury.

A person can not be shot in the back fleeing from you because you or someone else can not be in fear of death or serious physical injury when a person is running away from you.

Again, you must be in fear of death or serious physical injury as it has been explained to me.

In the recent article I mentioned letting a person get close to the officer. I was not sure on the range and a reader sent me an email and explained about one of their students. When I read the email it reminded me of the distance which the writer is correct on what I had also been told:

EMAIL:

Hey Rickey, in reference to your article about the Enterprise police involved in the shooting and the magic distance for them to take action, it is 21 feet.

I had a student about a month ago that was an Indiana state police officer and he told me that you are never to let a threatening individual get within 21 feet of you because in several tests they have done, their time to cover that distance is less than the average time it takes an individual to draw a gun, aim and fire.

Very interesting that you mentioned that because before he told me about it I didn't know. I hope they find no wrong-doing by the officers. I support them fully.

ARTICLE:

It has also been explained to me by the professionals, the recoil you feel when firing a weapon is what the person that is being shot feels. That when a situation is developed to the use of deadly physical force, it is not "wounding" force but deadly physical force. In other words, shots are fired until the threat is over. A wounded person can still shoot back or use a weapon towards the indiviual.

So when you hear that 5 or 6 shots were fired at the person, the shots required to end the threat are fired. The person, as explained to me, feels the same recoil you feel when firing the weapon. Therefore it is not as the movies show when someone is shot they fall. It might take several shots to place the person on the ground and end the threat.

A recent shooting the physical evidence did not match the shooters version. That was until the in car camera video was reviewed. Following the suspect being shot, he threw the weapon into the weeds then fell to the ground. It was the in car camera that depicted the scene and chain of events just as the shooter described.

Do not take anything in this article as giving guidance for you to use deadly physical force. This article is merely an attempt to explain a few things.

A law enforcement officer has to keep situations under control. A law enforcement officer has to maintain control over the persons he/she is dealing with in an effort to maintain his or her safety and that of others. As described, a person within 21 feet of the officer, and the person is threatening, has the time to coevr that 21 feet and injure the officer with a weapon before the officer can draw his weapon and react.

When a officer says STOP, it is in the suspects best interest to obey those instructions and STOP. When an officer backs up telling you to STOP, then STOP. Always remember, you can never fight the ride ( arrest ). You can always fight the arrest in court under proper circumstances and in court battles.

Never attempt to fight the officer or resist the officer on the scene. Document what happen. Get a GOOD attorney, fight the issue through the legal channels. But officers have to take precautions when dealing with someone because they never know their full intentions. And often times what starts out as a routine incident ends up other wise.

A recent chase I had

As many know I am in the bonding business. Myself and one of my bounty hunters, Melvin, went to Damascus Georgia to pick up a person who failed to appear in court. The person who failed to appear did not appear on a minor traffic violation.

My bounty hunter, Melvin is 6'4 and 270 pounds. As we arrived at the Damascus Georgia residence we were just chatting. I asked him if I needed to take the back door. Melvin said no, his mother has always been cooperative, if the person is there she tells us and he comes to the door with no problem. I did not do as trained and cover the back door. Both Melvin and I went to the front door.

Well, mother came to the front door as Melvin said. Mother was very cooperative. We asked if Jerome was there. The mother said he just went out the back door - running.

I gave chase...and was out running Melvin!!! Through the field, over a fallen tree, across a road and over the railroad tracks, my short legs was in hot pursuit of Jerome. And again, I was still ahead of Melvin. In fact, I lost Melvin.

About two weeks later Melvin and two others went back to Damascus. They handled it was trained, eased up on the house with the house surronded. Jerome came to the door without incident and was carried to the Houston County Jail.

The point is, I knew the proper way for us to effectuate the arrest. I knew the proper and correct way to hit the house, with all doors and windows covered. Had I performed my duties the correct and proper way, when Jerome came out the back door he would have been encountered by me. instead, Jerome almost caused me to have a heart attack from the running. And, well Melvin, he was behind me so no danger of his having a heart attack!!!

Do not complain when officers use safety precautions when dealing with you. They do not know you. When they take their job as routine, it could mean they do not go home.

I took the apprehension as routine, Jerome cooperative and we would have no issues. WRONG. I also thought Melvin could out run me, WRONG!!!

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