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HomeLocalNavigating the Boundaries of Lethal Force: Understanding Justification in Recent Police Encounters

Navigating the Boundaries of Lethal Force: Understanding Justification in Recent Police Encounters

 

 

When is deadly force warranted? Recent police shootings ignite debate


The deaths of Ta’Kiya Young and Sonya Massey highlight the ongoing issue of police use of lethal force, even amid prevalent de-escalation strategies.

This summer, two officers—located about 400 miles apart—claimed self-defense after they were indicted for the murders of two Black women, igniting a nationwide conversation about police violence and accountability.

 

Connor Grubb, a police officer from Blendon Township, was indicted on Tuesday, a year after he fatally shot Ta’Kiya Young in her vehicle. This indictment followed another case in which Sean Grayson, a former sheriff’s deputy in Illinois, was charged with murder for shooting Sonya Massey in her home after she reached for a pot from the stove.

Experts argue that these police shootings—a mere fraction of the hundreds occurring annually across the U.S.—reflect a troubling trend of using deadly force by law enforcement, despite established de-escalation protocols. Historical data indicates that most officers do not face charges for on-duty killings, and internal disciplinary measures vary significantly among the nation’s 18,000 law enforcement agencies.

In the aftermath of Massey and Young’s deaths, responses from their respective police departments differed dramatically. In Illinois, the deputy was dismissed just days after the incident, his police union opted not to pursue a grievance, and the sheriff stepped down following public backlash, including from Gov. J.B. Pritzker. Conversely, in Ohio, Grubb’s indictment came a year later, his union continues to support him, and he remains on paid administrative leave, according to YSL News.

 

Data from Mapping Police Violence indicates that most police killings begin with minor encounters, such as traffic stops or mental health checks, often involving situations with no underlying criminal activity. As of January, law enforcement in the U.S. has killed 759 individuals, putting 2024 on track to potentially be the deadliest year since tracking began in 2013.

Experts note that the accountability surrounding the use of deadly force is impacted by public sentiment and fears of backlash. While many departments expect officers to de-escalate risky encounters, repercussions for failure to do so usually remain confined to internal disciplinary actions, according to Stephen Rushin, associate dean and law professor at Loyola University of Chicago.

 

“The core issue revolves around ensuring that officers receive a fair process while also balancing it with the need for decisive corrective action against those deemed unfit or in need of discipline,” Rushin explained.

Recurring instances of officers staying on duty post-shootings

Police shootings widely viewed as unjustifiable occur nearly every month, yet officers involved often remain on active duty.

 

On May 2, police shot and killed 40-year-old Yong Yang, who was having a mental health crisis, inside his parents’ apartment in Los Angeles. His brother reported that after body camera footage was released, the Yang family urged the LAPD to terminate the officer involved and criminally charge him.

The police department claimed the shooting was justified since Yang was armed and posed a threat. He was holding an 11-inch knife when officers entered the apartment, leading to the shooting, but the officer remains on duty, according to LAPD spokesperson Rosario Cervantes.

A similar incident occurred in Illinois in December 2023, when officers shot and killed Jack Murray outside his home after he called 911. Police justified this shooting on the grounds that Murray was armed.

Body camera footage captured the 24-year-old staggering down the street with a knife before officers shot him. The involved officers continue to serve on active duty, according to village spokesperson Caroline Gabiga.

 

In March, deputies from San Bernardino County fatally shot Ryan Gainer, a Black teenager with autism, after responding to a call about him allegedly assaulting family members and damaging property. Body camera footage revealed that deputies opened fire when Gainer approached them wielding a gardening tool.

Public information officer Gloria Huerta argued against the notion that officers could have employed alternative options to safely manage the situation with Gainer.

“De-escalation has become a popular term viewed as the solution to all issues,” she stated. “For de-escalation to occur, the subject must be willing or capable, while the deputy must prioritize their own safety.”

The deputies involved in Gainer’s incident remain on active duty, according to Huerta.

Most police killings lead to no convictions

Convicting an officer, whether criminally or civilly, primarily considers the circumstances under which force was used, as noted by Rushin.

 

Typically, courts do not hold officers accountable for their failure to de-escalate before resorting to lethal force or scrutinize whether the lack of de-escalation contributed to the need for deadly actions, according to YSL News. Rushin remarked, “The focus is on the level of risk at that moment and whether deadly force was necessary.” He added that officers are prohibited from using lethal force in response to non-lethal threats based on the information available at that time.

In 2023, police killed over 1,200 individuals, as per the Mapping Police Violence project, which highlights a consistent increase in fatalities over the past decade.

 

As fatalities have surged, the number of police officers facing criminal charges for violent on-duty acts, including murder and manslaughter, has also increased, according to the same group. However, the seriousness of the allegations facing Grubb.

Instances of police shootings are infrequent, with charges against officers being even rarer, according to available data. Less than 2% of police-related fatalities lead to an officer facing charges, and only about 1% results in a conviction, as reported by Mapping Police Violence.

 

The data indicates that these incidents disproportionately affect people of color.

In 2023, 27% of those who lost their lives due to police action were Black individuals, even though they represent only 13% of the overall population. Likewise, Native Americans, Latinx individuals, and Pacific Islanders faced similarly high rates of fatalities at the hands of police.

The national data effort also pointed out that Black, Asian, and Latinx individuals killed by law enforcement are typically more likely to be unarmed compared to their white counterparts.

Non-lethal alternatives to deadly force

According to Brian Higgins from John Jay College of Criminal Justice, law enforcement officers have access to non-lethal methods, like Tasers or pepper spray, for self-protection in risky scenarios. However, employing these tools can be challenging. A small number of individuals may not be affected by pepper spray, and there have been cases where officers inadvertently sprayed themselves or another officer.

For a Taser to be effective, an officer must be at an appropriate distance, and wearing thick clothing can hinder the probes from making contact with the target’s skin.

 

The complexities involved with non-lethal alternatives can create risks, as Higgins articulated. “If an officer resorts to using a Taser and it fails, the officer’s life is in danger.”

 

Most law enforcement agencies implement use-of-force policies that guide how officers should react in different situations. The National Institute of Justice provides a framework that ranges from using no force, where merely an officer’s presence is sufficient to prevent crime, to verbal commands, physical force, and then “less lethal” measures like pepper spray, Tasers, or batons.

According to the Institute, lethal force, particularly firearms, should only be used when an individual poses a “serious threat” to the officer or to others.

The standard set by the Department of Justice for assessing whether police shootings are justified relies on “the viewpoint of a reasonable officer at the scene, instead of the clarity of hindsight.”

 

After the incident involving Young’s death, the police from Blendon Township asked Ohio’s Attorney General’s Bureau of Criminal Investigation to conduct an independent inquiry. This practice is customary for police departments in Ohio following a shooting incident where one of their officers injures or kills someone.

Although the investigation resulted in Grubb being indicted, his legal team contended that he acted within acceptable standards when he discharged his weapon in response to being struck by a vehicle.

“This case isn’t about whether Connor Grubb opted to use lethal force, but rather the reasoning that led him to that decision,” stated attorneys Mark Collins and Kaitlyn Stephens this week.

Following the indictment, Grubb’s union expressed support for his decision to act with force, emphasizing the tough circumstances the officer faced.

 

“Officer Grubb, like any police officer, needed to make a split-second choice,” said Brian Steel, president of the Fraternal Order of Police Capital City Lodge No. 9, in a statement. “These choices come under intense pressure and often in life-threatening environments, with the primary goal of ensuring the safety of the public and themselves.”

 

‘Is it worth taking a life?’

Higgins emphasized that an officer must take various factors into account before deciding to use deadly force, such as the expected outcome of the situation and whether discharging a firearm is proportional to the alleged offense.

 

This decision ultimately boils down to the question: “Is it worth taking a life?”

The Department of Justice’s force policy emphasizes the importance of “valuing and preserving human life,” according to its Justice Manual. Force should only be applied when there appears to be no reasonable, safe, and effective alternative.

Merely preventing someone from escaping does not validate the use of deadly force, according to the guidelines. Additionally, officers are expressly prohibited from using firearms to stop moving vehicles unless the driver poses a threat to the officer or others.

 

In Young’s instance, Higgins perceived minimal justification for firing a weapon, as Young was accused of shoplifting—not a crime of “mass murder”—and shooting at a moving vehicle poses significant dangers, considering an injured driver might not halt the vehicle.

Higgins noted that there has been a significant shift in policing attitudes toward the use of force, particularly in the last decade, especially following the police killing of George Floyd in 2020.

“We were taught not to retreat; when police arrive, they’re in charge,” he recalled from his early days on patrol. “Now, officers are instructed that if there’s no risk to others, they don’t need to uphold their position.”