Quote:
Originally Posted by Kazuaki Shimazaki II
Let's not make it sound so good. What in essence happened was this (according to the police account). A homeless man contacted Stirling and was immune to verbal and/or body language indications to cease and desist. It is not clear exactly what happened here but if homeless man so much as touched Stirling in this entire process, he technically committed Assault (you don't need to punch or kick to qualify).
Anyway, faced with this minor but persistent impediment to his freedom to walk the street without interference, Stirling took the decision to deploy his gun. This decision resolved the impediment with zero violence or actual injuries, something that won't be true if he chose to physically remove his impediment. Even if he met the objective and subjective elements of a crime here, he can actually justify it as self-defense using proportionate means (the threat was minor, but so was his zero-violence response).
Though what was reported is in fact a non-crime, the police department decided not to leave well enough alone and sent 2 people to attack with electroshock weapons, reckless of the risk that their arrest may be unjustified and further that the "less-than-lethal" weapon will actually be a disproportionate response at best considering the low social dangerousness of the alleged offense.
Even if he resisted the cops here, the fact that the basis of their arrest in the first place is a non-crime makes this an entrapment on the part of the police. He didn't have a "disposition" to resist police, at least not that day. The police decided to come arrest him for a non-crime, provoking this response.
Eventually, with assistance from their electroshock weapons, the people from the Police Department successfully wrestle Stirling to the ground. Even if Stirling was reaching for his gun with intent to employ, at this point he has a reasonable fear for his life (considering they had already hit him with electroshock weaponry twice). The cops take the decision to just shoot Stirling dead (heat-of-passion murder, perhaps?).
Only in America can electro-shock weapons be considered the "first resort".
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Deploying a gun as self defense? Calls for a person brandishing a weapon at another is a non-crime? Low social dangerousness of the alleged offense? Welding a weapon is a low social dangerousness?
Using a tazer is not the first resort. It is the first non-lethal resort when warranted.
You paint the incident as guns a-blazing response and ask questions later.