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Message: <blockquote data-quote="JR777" data-source="post: 4390764" data-attributes="member: 45725">That's not how the law works. You can't go around prophylactically assaulting people because of what they might do. You can respond with a reasonable amount of force in self defense, and police can use necessary force to apprehend a suspect who is resisting arrest.Effectively what you're arguing is tantamount to saying it's okay to shoot someone because they might have a gun.If you tried to use your argument as a criminal defense, you would effectively be admitting guilt, because what you're arguing is that the cop did indeed make a mistake but should be given a pass because of the "heat of the moment." Basically the case you're making would be admitting to attempted murder in the second degree.In assaults and self defense pleas, mistakes aren't allowed. Only what a reasonable person in retrospect would have done at the time, based on what the defendant knew at the time.P.S. IF you want to argue what the old guy did was an assault (no jury would buy it but okay we'll go there), then the cop would have been justified in grabbing him by the arm, which is the necessary amount of force that any reasonable person knows would be required to stop the "assault." IF the cop thought the old man was a potential threat, he would have been justified in detaining him, placing him in cuffs and searching him for weapons.Oh and btw, the cop letting him get out of the car, roam around freely, turning his back on him, letting the guy touch him, etc. is absolute PROOF to a jury that the cop was not in any way threatened by him. In other words, the cop knew what any reasonable person knows, which is that old man was not physically capable of harming him even if he had wanted to.Furthermore, what the cop did was use lethal force, which is only legal if you are REASONABLY in fear for your life. Note that lethal force is defined as any force that a reasonable person knows could seriously injure or kill. Any reasonable person knows that body slamming an old man face first onto the pavement could seriously injure or even kill him. The cop had already demonstrated by his own actions throughout the video he was not in fear for his life.Your Monday morning quarterback argument DOES NOT hold water. Not legally, and not even hypothetically.</blockquote>

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