Friday, March 10, 2006

Baton Rouge CCW Shooting - Update III

This morning brings more news on the Temple/Harrison/Stephens shooting last week.
Col. Greg Phares of the EBRSO said Officer Brian Harrison tried to arrest Temple after the bribe attempt, but Temple punched Harrison and overpowered him. That's when a witness grabbed his own gun and delivered the fatal shots to Temple's head.
Turns out, Temple tried to bribe Harrison, and Harrison was trying to effect a lawful arrest. We learn from R.S. 14:118 that Public Bribery is a felony in this state.
C. Whoever commits the crime of public bribery shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
It might be instructive here to understand the law about making an arrest. We go to Article 220 of the Criminal Code and learn that:
Art. 220. Submission to arrest; use of force

A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance of the person being arrested or detained.
This article is interesting in that it doesn't require an officer to use force in making an arrest, and it does not limit the use of force, except that it be reasonable.

Police Academies in this state have long used a Force Continuum that spans use of force from Officer Presence to Lethal Force. More than a few questions on the qualification exam deal with the Force Continuum Models as taught in the Academy.

Basically, if you believe your life is in danger, or if you are in danger of receiving great bodily injury, you are allowed to use lethal force. Likewise, you are allowed to use lethal force if you see another person in danger of death or great bodily harm.

Now we know that Harrison was effecting a lawful arrest for a felony. Temple did not submit peacefully to arrest. Temple gained the upper hand and Harrison was asking for assistance. Stephens shot Temple.

The findings of the investigation have been turned over to the District Attorney.

1 comment:

Xavier said...

Good Show Pawpaw!