In what gets ever stranger, a Grand Jury in Oklahoma City has indicted a Blackwell, Oklahoma Police Lieutenant for second degree murder in the shooting death of a 34 year old female who had fired at police officers and others. It is reported that the Grand Jury based their decision on the number of shots that the officer fired with his tactical rifle, reportedly 60 shots.
The media is reporting that this is the first case of a murder charge in an active shooter situation and the case is being watched nationwide. It completely goes against the Supreme Court decisions in both Graham and Garner as any reasonable police officer would consider this person to be an immediate and imminent threat to the public at large.
The number of rounds fired by the officer should not be a consideration in whether or not a criminal offense has been committed. The controlling issue should always be whether the person who is exhibiting the behavior has been neutralized.
The Oklahoman report states, “She shot at the police twice. She has shot at her mother twice. She has shot at a private citizen. We know she fired other rounds around town. And Mitchell gets in behind her,” the attorney said. “He took his AR-15 and he started shooting through the front windshield at her.”
Both Mitchell and another officer fired further after the pickup abruptly turned and stopped, the attorney said.
Godsey, 34, was found dead in the driver’s seat of the pickup, the Oklahoma State Bureau of Investigation said in May.”