Mi Amigos:
An Illinois Trooper stopped a predator speeding at 109mph in a 70mph zone.
Dashcam video shows attack on ISP trooper during McLean County traffic stop (kmov.com)
Trooper told predator he wasn't going to arrest him even though his license was expired "I even wrote your speed down a little bit so I wouldn't have to take you to jail."
Predator was an experienced brawler, slammed the trooper to the deck, spraying him in the face with the trooper's O.C
Predator later told investigators he was in control of the trooper and intended to take the trooper's gun and shoot him
Fortunately, a good Samaritan with a CCW Permit saved the trooper from being executed.
The trooper told the good Samaritan "I tried to be nice to this guy. I tried to be nice to this guy. I let my guard down."
Besides the obvious glaring tactical errors that damn near cost the trooper (Officer Friendly) his life a question to discuss at roll call-once the trooper was fighting to retain his blaster and was simultaneously sprayed in the face could he have used deadly force? Some trainers say no because OC is less than lethal force and cannot be met with deadly force contending OC isn't likely to cause serious injury or death.
What must the leaders of the Illinois State Police do to alleviate these obvious training scars? They must provide direction to include setting goals, problem solving, decision making and planning. Leadership that implements including communicating, coordinating, supervising and evaluating. Leadership that motivates to include teaching and counselling
Attorney Andrew Branca argues whether a particular application of a Taser or OC qualifies as merely non-deadly force or as deadly force depends on the manner of its use. They are intended to cause substantial disablement of the target. When such disablement is done for the lawful purpose of stopping further violence, such as self-defense or to compel compliance with a lawful arrest, this effect is properly understood to be an application of non-deadly force.
In contrast, when OC or a Taser is used to disable a target for unlawful purposes, the effect and reasonably inferred subsequent unlawful conduct is properly understood to be deadly force-that is, force capable of inflicting either death or serious bodily harm.
Indeed, the disablement induced by the OC or Taser alone is sufficient to qualify as serious bodily harm when inflicted in the absence of a lawful purpose. On top of that, it is reasonable to infer that, unlike in cases of self-defense or lawful arrest, when either OC or Taser is used to disable a target that the disablement will be followed by further unlawful force upon the target.
This should hardly need saying, but the disablement of a suspect by a LEO by use of OC or Taser to compel compliance with lawful arrest is in no way comparable to the use of OC or Taser by a violent suspect upon a LEO, who once disabled is subject to being killed with his own pistol.
Grand Rapids Officer Christopher Schurr has been charged with second-degree murder over the 4 April 2022 shooting death of Patrick Lyoya.
Setting our emotions aside let's at least listen to Attorney Branca who argues Officer Schurr could not simply allow himself to be disabled with his Taser by the violently resisting Lyoya. The two men were in effect engaged in a gun fight-the gun being that on Officer Schurr's belt. A pretty good indication that a suspect is intending to inflict physical violence upon a LEO is when the suspect is already inflicting violence upon the LEO-as Lyoya was doing here.
Attorney Branca raised an important issue for all of us to consider. It is hard to understand why LEOs would carry Tasers at all, knowing that the moment a suspect begins to violently fight them for control of the Taser the LEO is supposed to allow themselves to be disabled by the Taser and subject themselves to being killed by that violently resisting suspect.
Command Staff need to provide their troops definitive guidance and not simply some sort of mumbo jumbo intended to cover their own ass.
After a tragic outcome many agencies simply blame the LEO and take no further action. Don't wait until a similar calamity strikes your agency. Ask, "could that happen here?" Remember the clock is ticking.
Semper FiThe above Report has been archived for permanent access at The White Report