June 11, 2015 Leave a comment
Even looking at this from a standpoint of assuming the cops reasonably thought Tamir was a threat, they still fucked up.
What they should have done is parked the car a bit away, yelled the warning without the engine noise or sirens possibly interfering, and taken cover behind the car just in case Tamir fired on them.
That would have almost certainly lead to Tamir surviving, possibly getting yelled at for being careless in showing off the toy gun but surviving, and even in the bizarro world where the gun was real and he was a threat, would have kept the cops and innocent bystanders safe.
Almost running him over and firing before the door is even completely open is stupid however you look at it. If he was *already* shooting at people maybe a crazy stunt like that would make sense, but he wasn’t.
It might be debatable whether first degree murder should apply, but certainly second degree would IMO.
I try to give cops some leeway- if they hold fire too long in a situation where they do need to shoot someone, innocent people die just as surely as when they fire too quickly. It’s a balance, and imperfect humans will never get it right 100% of the time. But even giving them as much credit as possible, there’s just no way they were remotely in the right. AT BEST they were incredibly reckless to the point a second degree murder charge, for depraved indifference to human life, should apply- or whatever the equivalent charge is under Ohio law. And that’s reckless even if it could be established that they reasonably believed Tamir to be a threat, and that appears to be quite a stretch.