Kelvin Levington

@Jack Chapman Your Honor, may we request an arrest warrant to be issued at this time.

Your Honor, the prosecution present these exhibits and witnesses to be admitted as evidence in the trial.

EVIDENCE:

EXHIBIT A: https://www.youtube.com/watch?v=gRdx8dmNvfI

EXHIBIT B: https://www.twitch.tv/videos/1265660355?t=1h33m51s

EXHIBIT B1: https://imgur.com/a/OpNCmyB

Witnesses:

Senior Trooper Sean Fetty

Badge: 335
Maritime and Aviation

Senior Trooper Conor Angerstain
Badge: 254

Highway Patrol

Expert Witness:

Harvey Specter

Senior Revenue Enforcement Agent

REA/DoR
 

17 minutes ago, Brady Warhorse said:

Matching force to me in this instant would've still meant deadly force with my pistol instead of the MP5 (Unless of course I was made more aware that the very first guy was not incapacitated and instead just knocked down)

You had a tazer on your holster the entirety of the situation. Incapacitated or knocked down does not justify opening fire on a civilian laying on the ground.

In terms of:

US Federal District Court case Plakas v. Drinski (1991)

Konstantino Plakas escaped custody and when the police officer caught up to him, he assaulted the police officer with a poker swinging it like a baseball bat. There is a big difference between assaulting someone with your bare hands and a assaulting someone with a pointed handheld weapon. Knowing the fact that you had MSP troopers in front of you, you still decided to engage with lethal force without warning.

The use of deadly force will be deemed objectively reasonable “where the officer has probable cause to believe the suspect poses a threat of serious physical harm, either to the officer or to others.” Tennessee v. Garner, U.S. (1985). “Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given.”

https://docs.google.com/document/d/1qVKwk2He8KqUl9gmBAK7_mkSlT854B0dCCBZA57Dvxs/edit?usp=sharing