I think it does matter. if the officer heard that he had a gun and perceived him moving his hands underneath him as rummaging around to grab his gun and acted on that as a deadly threat. it doesnt matter criminally really, the guy is dead, but could shed light on potentially charging the first shot officer. i dont think he gets charged in any case, but still. even if he perceived his lack of compliance and not laying still as a deadly threat in conjunction with the gun callout that's important. if anything it needs to be addressed at DHS training, because pepper spraying people is becoming super common. that's not a call for or against pepper spray, but if they're using it commonly they need to walk officers through the what comes next training. they do for cops, and cops dont use it often. ice officers now are prepping cans as they leave vehicles. invest in pepper spray now, its gonna moon.
Well like I was saying it creates this really tortured and messy string of actions and justifications. The guy moving his hands may be a product of the guys grappling with him and pepper spraying him, so the officers may be causing the involuntary motions that then get consciously or subconsciously perceived as threatening. And given they had reason to use force in the first place, it diffuses the responsibility and guilt along each step of the chain. Its not like some easy transferred intent doctrine in 3rd degree murder where committing an inherently violent crime could lead to someone dying. That is precisely the mind boggling wilful misapplication and corruption of the law we saw in the Kim Potter case, where they argued that officer Potter was committing felony assault when she used a taser on a fleeing murder suspect, because they needed to establish an underlying crime to transfer intent to the mistake that caused Wright's death. All they needed to do at trial was kick up enough obfuscation and confusion that a jury could convict someone on a premise that's absolute bullshit and legally incomprehensible, because a prejudiced jury will convict someone regardless of the facts or logic. The chewbacca prosecution, I guess
That all speaks to the lens of culpability and legality and outcomes in
this case. But if we're looking at the future and rules or changing we could change, eh, I think it falls into the same trap as legislating gun control around school shootings. Cases like this are so incredibly infrequent and unpredictable that any doctrine changes have vastly disproportionate consequences and will never avert a future scenario anyway.
now maybe they should be laying off the wanton pepper spray for other reasons, I probably agree with
thatThis post was edited by Goomshill on Jan 28 2026 03:40pm