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You turn around a point a weapon at a cop that you just recently beat down then I feel he more than justified. In fact, I kind of think they were justified the minute he stole the cops weapon (since he obviously was ready to kill or be killed) and started thrashing the two cops giving one a concussion.
I could see the cop engaged the minute Brooks turned around and starting pointing the weapon at him..
In the heat of battle I highly doubt the cop realized the taser wasn't armed and probably was terrified he would be stunned and then incapacitated and subsequently murdered. It happens to cops all the time and I am sure he though the would be another statistic that night.
No honest person will ever be able to conclusively answer your first question because Officer Rolfe settled the issue with a lethal use of force. We can't roll the tape back and see what Brooks (or anyone else) might have done if Rolfe had not fired. Whether 2~3 seconds is enough time to decide the matter is immaterial because 2~3 seconds is all the time Rolfe had. Again, no one has a magic wand that allows them to expand the critical time period. Rolfe should be judged fairly on what actually happened and not on hypotheticals.Question still remains - did Brooks poses a threat when the officer chose to fire? and was the 2~3 seconds after the taser was discharged enough time for a trained officer to make that determination?
Acquittal, reinstatement, back pay.
Wrongful termination settlement, Tahiti.