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The Ferguson Incident, Reduced to Base Elements

Some reality here from Chapter 563 RSMO:

Missouri Revised Statutes

Chapter 563 

Defense of Justification 

Section 563.046  

August 28, 2013 

Law enforcement officer’s use of force in making an arrest.

563.046. 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.

2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.

3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only

(1) When such is authorized under other sections of this chapter; or

(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or

(b) Is attempting to escape by use of a deadly weapon; or

(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.

4. The defendant shall have the burden of injecting the issue of justification under this section.

(L. 1977 S.B. 60)

Effective 1-1-79

http://www.moga.mo.gov/statutes/C500-599/5630000046.HTM 

If you launch an unprovoked attack and beat someone (yes, even a cop) breaking their bones in the process, you have committed the forcible felony of 2nd Degree Assault. If you steal or attempt to steal a firearm (yes, even from a cop) that is a separate felony. If you steal or attempt to steal a firearm (or box of cigars) by force, it constitutes 2nd Degree Robbery- another forcible felony. If you resist arrest for a felony by using or threatening the use of violence or physical force- bingo, yet another felony. 

So Brown committed several forcible felonies in the space of a few minutes including the felony robbery and assaults of a store clerk and cop. He resisted arrest for those felonies and whether they were all known to the officer at the time is a moot point. When stopped for ‘jaywalking’, Brown assaulted a police officer fracturing his eye socket- a serious physical injury. There was a reasonable belief on the officer’s part that Brown would endanger life or inflict serious physical injury unless arrested without delay.

The only way this was not a justified use of deadly force by the officer, is if that officer executed Brown after he surrendered. Yes, I know Brown’s friend, Dorian Johnson, says that’s what happened. I would tend to disbelieve a man who has an outstanding warrant in Jefferson City, MO for stealing and priors for filing a false police report.

http://www.abc17news.com/news/key-witness-in-ferguson-wanted-in-jefferson-city/27624066 

The absurd commentary and conduct you have seen related to this event, from DOJ to the Governor to the looters themselves, is simply an attempt to use race politics and anarchy to overthrow the rule of law. The predictable result is Mogadishu on the Mississippi. 

Thank you Democrats, for yet another example of why voting for you is a fast track to the downfall of a once-great Nation.

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1 Comment

  1. I agree with you. However, I doubt that the officer can ever get a fair hearing. Any witness that might support the Officer’s version of events has to live there with Brown’s friends and probably would be afraid to testify. I hope I’m wrong about that; the community’s silence just helps the criminals.

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