Txtension wrote:The officers did not have the luxury of trying to determine the intentions of the person with the ax.
It doesn't matter if she raised the weapon. What if she had a gun in her hands and it was pointed at the ground would it be any different? NO.
It is the job of the officers to "inject" themselves into the situation. What if they didn't show up and just sat in their patrol cars and watched and the woman starting chopping up other people?
If she had a gun low-ready instead, I do not think it would have been sane to inject himself as he did, all other variables constant. The officer certainly responded as if there was an Active Chopping going on.
To Protect and Serve also applies to those who break, or are suspected of breaking the law. Otherwise, when did the state start hiring
Street Judges?
The video doesn't give you the information the officer received from dispatch or from other officers which may have provided insight into the suspect's intent that he would have taken into account in his decision making.
You'll note that he didn't pull his vehicle right up to the suspect, but stopped some distance back to give himself an opportunity to assess and react to whatever occurred.
You'll also note that he didn't open fire when the suspect began to approach him in a threatening manner, that he backed up to create distance and give warnings, and that he waited until the suspect was in a position where she could have charged and severely injured him within approximately 1 second. He did everything he reasonably could to save her life, and she literally forced him to fire. I've had people try to make me do the same, but fortunately I always had different circumstances and more options than this officer did.
You are correct that "protect and serve" (which is only a slogan and not a legal canon) applies to those who break the law as well, but the "protect" part applies to the protectors too. IMHO, this officer acted compassionately and reasonably to a very rapidly evolving deadly threat, and fired only when it appeared he was just moments from being attacked with an axe.
The MMQB exercise can be useful, but it can also be counterproductive when the facts are over "whatiffed" in order to reach a forced conclusion. It's also worthwhile to keep in mind that those who MMQB most critically very often have never faced a similar situation and may very well never have to in their entire lives. Officers, on the other hand, will face things like this multiple times during their careers, and have to get it right every time to stay alive and out of prison. Most are pretty good at it and, although they all face multiple circumstances where the legal answer to "can I shoot" is clearly "yes", in 99% of cases, they answer the not legally required but morally necessary "must I shoot to preserve innocent life" question with a "no" and find another way.
Those who haven't walked in their shoes should bear these things in mind before condemning their actions in a case where they run out of other options and are forced to take a life.