After he was shot and once onthe ground - where was the gunin relation to Elijah?Did Elijah ever gain possessionof the gun once he was on theground?Why did Deputy Diaz-Austinnot stay behind his vehicle andutilize cover - until backup arrived?What was the deadly threatposed by Elijah after he was shotand on the ground?I understand that the answer tomany of these questions couldbe - the deputy did not have aduty to retreat to the rear of hisvehicle - doing so would makethe view of Elijah (and the gun)more restricted and thereforemore dangerous and the deputywould be giving up any tacticaladvantage that he had.At most - Deputy Diaz-Austincould be accused of making anerror in judgment - when hebelieved that Elijah’s possession/proximity to the handgun representeda deadly threat.FINAL THOUGHTSWe know that Deputy Diaz-Austindid not possess anynegative intent. He was trying toassist a teenager that was walkingalone, in the middle of thenight, on a highway.We do not know Elijah’s intent.Elijah had the gun (concealedunder a sweater on his left arm).If his intent was to drop the gun- why not just drop it from itsposition under the sweater? Whytransfer it to the right hand movingit across his body - exposingit to the deputy?Reasonable people shouldagree that the transfer of thegun to Elijah’s right hand wouldcause any officer to perceive adeadly threat.Also, I do believe that a reasonableargument could bemade that once on the groundand injured - the fact that Elijahhappened to fall near the gunwhile he winced and squirmedin pain - was beyond his control.If Elijah was injured he couldn’tmove away from where the gunfell and if he had reached for it(even if to throw it further away)that would have been perceivedas a deadly threat. So, once onthe ground and injured - whatwas Elijah supposed to do?This is a complicated case andexactly the type of scenario thatlaw enforcement leaders shouldbe preparing their officers for.NEW # 832.627.3729“An new era begins forPrison Break Tattoos withNew Owners, Amazing Artists,and Same Great Location”28 The BLUES - FEBRUARY ‘25
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