posted on Feb, 13 2012 @ 07:18 PM
reply to post by getreadyalready
Good questions.. The answers will be incumbent on IL law (or the Democratic Peoples Republic of Illinois as I refer to it).
Using your hypothetical, the officer identified himself. Logic and common sense states that if a person is going to draw a gun to shoot you, they
aren't going to take the extra time of yelling they are a police officer at the individual (its not out of the realm of possibility but still, how
many incidents have you heard of where that occurred in this type of scenario?).
I am a bit confused on the drew for no reason part. Absent a justifiable reason, there is no reason to draw a weapon and randomly point it at a
person. In my stat it would be unlawful use of a weapon and armed criminal action. Since Illinois is more strict, I would imagine it wouldn't fly
IF I had to investigate that scenario, where he identifies himself as police and pulls a gun for no reason and points it at the husband / wife for no
reason, and the husband draws his gun and shoots, killing the officer, my report would reflect those facts. I would make an initial arrest of the
husband and submit my PC to the PA for them to decide if the husband should face charges or if his actions were justified. The arrested person and his
lawyer will argue why the person should not be in jail pending charges, and if its looking like its justified usually the PA will support the
Its up to the PA to decide if the mitigating circumstances that resulted in the use of deadly force crossed the established threshold of reasonable
If it did its ruled as a justified homicide (self defense / defense of others).
If it didn't the person is charged and the state must prove their case.
However, if im not mistaken Illinois is a duty to retreat state. If a person can retreat safely then they must. If they engage the situation they
could be charged (and for the record i'm not a fan of duty to retreat).
Even if the officer recognized the husband as a wanted person for being a serial killer, if there is no immediate threat then the officer should radio
for uniformed officers and observe the situation. Engaging a person in a walmart store is just bad joo joo all around.