T. A. Gardner
Serial Thread Killer
She was noncompliant and right up in the officer's faces. That makes her a threat. A reasonable officer would see her as one when:OK. If you want to use III D 2 then you have to identify what the threat was. What reasonable officer would see her as a threat? Did she have a weapon? There were 5 officers there and she weighs maybe 120 pounds. Are ICE officers scared of their own shadows? Why were two officers peacefully talking to her if she was such a threat? Why did she suddenly become a threat when the third officer stepped forward?
They need to give reasonable time to step back if they ordered her to do so. Less than five seconds is not a reasonable time.
* She made threatening or otherwise hostile statements.
* Refused to follow verbal commands and instructions.
* Was close enough to physically engage immediately.
* Attempted to physically control the officer's arm when he reached out towards her to control the situation.
I don't care what her size or weight is. The officers don't know if she has a concealed weapon, is trained in something like martial arts, or is simply there to create a distraction. They aren't psychic so all they have is her proximity, words, and actions to go on.
What is "reasonable time?" Why is less than five seconds not reasonable? Five seconds is an eternity in a fight. How many chances should she be given to comply?