that the public was in danger. that in fact mr. dubose may have used the automobile as a deadly weapon. based on the information we have right now, it appears that officer tensing did not need to discharge his firearm and that there certainly wasn t a dragging based on what we can see right now. i want to listen to one other thing that officer tensing s lawyer said about the officer s state of mind and what will in effect be his self defense claim. that s correct. let s listen to this. he was fearful for his own life. he thought he was going to die. he thought he would be sucked under the car and be run over. so he was pulling away from it. attorney cooper, what s the significance and how important in controlling of the verdict outcome is the officer s state of mind? it s all too important. if an officer states that he or she feared for his or her life that makes all the difference.
has had work with consent decrease to give him a top to bottom review of his agency. once he gets that final record we ll know how to move forward in assisting him and his agency in the reform that is clearly necessa necessary. two other officers were at that scene, phillip kidd and david lindenschmidt, they have been put on paid administrative leave while this investigation goes forth, rand zbli jei. jean, you spoke with tensing s attorney. what is he saying? well, on a personal nature he says his client is in shock and just sort of distraught and in disbelief. he told me he would ask tell him procedurally what s going to be happening in all of this and it appeared as though it didn t register. we do know he s on bond. we do know he was on suicide watch also. the attorney, though, then on a
so he was pulling away from it. attorney cooper what s the significance and how important in controlling of the verdict outcome is the officer s state of mind? it s all too important. if an officer states that he or she feared for his or her life that makes all the difference. the framework is a case known as tennessee versus garner. in tennessee versus garner, the issue is a suspect fleeing from a burglary. however, tennessee versus garner applies in this case as well because it gives us the standard by which we decide whether or not an officer acted properly. if an officer is encountering a person who s about to flee and it certainly appears at some point that mr. dubose wants to leave the scene. he cranks up the engine. the officer needs not only to articulate that he feared for his life but that he had probable cause to believe that
joy reid, the officer tensing has been able to make his bail today. that s normally figure is usually 10% of what the announced bail is. that s correct. so joy, he will be released as a result of being able to do that. this issue of state of mind is also there s also the question the jury is basically going to be put through the body cameras in to the officer s position and they will have to ask themselves, was that a reasonable response given what that officer was experiencing at the window of that car? yeah. this is where it comes it comes down to jury selection and how vigorously the prosecution argues it. you only need to remember the rodney king case to remember that video that seems damming to the public, to a reasonable person watching it does not always, and does not often result in the conviction of police officers. it depends on what the jury believes about the a officer s
the framework is a case known as tennessee versus garner. in tennessee versus garner, the issue is a suspect fleeing from a burglary. however, tennessee versus garner applies in this case, as well because it gives us the standard by which we decide whether or not an officer acted properly. if an officer is encountering a person who s about to flee and it certainly appears at some point that mr. dubose wants to leave the scene. he cranks up the engine. the officer needs not only to articulate that he feared for his life but that he had probable cause to believe that there was in fact a threat to himself and there was in fact a threat to others. officer tensing will likely argue that mr. dubose could have not only harmed him, as well as over officers, other people with an automobile.