Local

Pa. Supreme Court makes deadly force rules for police officers – NBC10 Philadelphia

blank

What to know

  • Pennsylvania’s superior court may soon decide whether state law on police use of deadly force during arrest gives officers too much time to kill a fugitive. The Supreme Court will hear the oral arguments on Tuesday.
  • The question arises during the criminal prosecution of former Philadelphia police officer Ryan Pownall for a fatal shooting in June 2017.
  • The 39-year-old former officer was charged with third-degree murder for the death of David Jones following a confrontation with Jones riding a dirt bike on the streets of Philadelphia. His criminal trial is on hold while the courts arrange a potential jury guide on the appropriate standard for deadly police force in Pennsylvania.

Pennsylvania’s superior court may soon decide whether state law on police use of deadly force during arrests gives officers too much time to kill a fugitive suspect. are not.

The state’s Supreme Court will hear oral arguments Tuesday over the question, which arose during the criminal prosecution of former Philadelphia police officer Ryan Pownall for a fatal shooting in June 2017.

Pownall, 39 years old, is charged with third degree murder about the fatal shooting death of David Jones after a confrontation with Jones riding a bicycle on the streets of Philadelphia.

Pownall has indicated that he can make a defense that he is justified under state law governing how police can use deadly force. His criminal trial is on hold while the courts offer a potential jury guide on the appropriate standard for deadly police force in Pennsylvania.

Current law says police officers attempting to arrest someone may use deadly force to prevent death or serious injury to themselves or others. They may also use deadly force if they believe it is necessary to prevent a suspect from being caught or escaping, and believe that the suspect has committed a crime or attempted to commit an act of escape or ” felony rape” and said they had a deadly weapon.

Philadelphia District Attorney Larry Krasner, a Democrat, argued in court filings that Pennsylvania law regarding police use of deadly force violates the federal legal standard that such force is against a suspect on the run may only be used when reasonably necessary to prevent serious injury or imminent death. .

Krasner’s attorneys wrote in a July summary: “Although states have inherent discretion over police behavior within their borders, they may not concede in a provocative manner. violate the Constitution,” Krasner’s attorney wrote. “This includes the situation here, where, unless construed as an affirmation by the commonwealth, Pennsylvania law would exclude criminally liable police officers who violate the liberties individuals in other ways may be prosecuted under the Crime Code.”

But Pownall’s attorneys urged the judges not to rewrite state law “in response to the public policy concerns of (prosecutors),” and said the Supreme Court should not consider questions at this stage of the criminal case.

More broadly, his attorneys argued there was “not even remotely unconstitutional” about the use of force in an arrest, according to an August 31 summary.

“Given the inherent danger posed by a fugitive who has committed or attempted to commit a violent felony or who has the potential to cause death or serious bodily injury by possessing a deadly weapon, there is nothing unreasonable or unreasonable about permitting the use of lethal force in either of these situations,” the officer’s defense attorneys told the court.

In a brief filing filed in September, the Brothers Order of Police Courts in Philadelphia and statewide told judges that rewriting the rules about police use of deadly force in Pownall’s case prior to trial would violate Pownall’s legal and constitutional rights. It would impose a new type of criminal offense on Pownall after he committed the act and he would not need to be notified that what he was doing was illegal, they said.

Pownall had 15 misconduct complaints against him over 5 years. He is the first Philadelphia officer on duty to be charged with murder since 1999.

The state’s use of force law against police was the primary reason a jury acquitted former East Pittsburgh officer Michael Rosfeld in 2019 in the shooting that killed 17-year-old Antwon Rose II, unarmed, Rosfeld’s attorney said. Rosfeld shot Rose in the back, arm and side of the face as Rose fled after stopping the car.

https://www.nbcphiladelphia.com/news/local/pennsylvania-supreme-court-justices-take-up-deadly-force-rules-police-officers/3070629/ Pa. Supreme Court makes deadly force rules for police officers – NBC10 Philadelphia

PaulLeBlanc

Daily Nation Today is an automatic aggregator of the all world’s media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, all materials to their authors. If you are the owner of the content and do not want us to publish your materials, please contact us by email – admin@dailynationtoday.com. The content will be deleted within 24 hours.

Related Articles

Back to top button