James July-August 2024 web - Flipbook - Page 73
assault the officer or would not have become angry, therefore the officer’s use
Down!” induces fear in everyone who
of force to make the arrest or defend
has ever worn a badge. The broadcast
herself was unlawful.”
indicates more than just a law enforceYes, that is the argument being
ment officer encountering a unique,
advanced in several Georgia jurisdiccomplicated or dangerous situation—
tions and across the United States. The
such adjectives describe most every
argument neglects one simple legal
call for service. “Officer Down!” indiprinciple: no one has a right to ascates an extreme emergency— a threat
sault, shoot, or resist an officer who is
not only to the officers on the scene,
lawfully conducting their sworn duties
but to the public at large because if a
irrespective of any “opportunity” their
trained, armed officer has been killed,
decisions may provide for a
wounded or rendered incasuspect to do so. More imporpacitated, no civilian in the
tantly, the United States Suarea is safe.
preme Court soundly rejected
Not all extreme threats
the concept of “officer created
faced by officers arise on the
jeopardy,” also known as the
streets. Unfortunately, the
“provocation rule,” in the 2017
pressures they face outcase of County of Los Angeles,
side of their patrol cars are
California v. Mendez.
multiplying and often more
One of those “tactics” is
crushing emotionally and
the hijacked concept of “de-esfinancially. The job of law
calation” which is a desired
enforcement has become
outcome, not a tactic. Preterincreasingly dangerous with
mitting that the average person
175 officers shot in the line
PHOTO OF THE YEAR AWARDED BY THE GEORGIA PRESS ASSOCIATION
is incapable of “de-escalating”
of duty as of June 1, 2024,
Steve Schaefer/John Spink, Atlanta Journal Constitution
drunk Uncle Bob away from
and 2023 resulting in 378 ofthe
microphone
at his daughter’s
ficers shot in the line of duty with 115 We have seen a disturbing trend of
wedding or an intoxicated party guest
officers being prosecuted for political
ambush attacks leaving 138 officers
away from their car keys, officers are
gain, to satisfy activists, or due to
shot. Still, officers face an ominous
expected to take circumstances Justice
faulty legal theories. One such theory
threat largely unknown to the public.
William Rehnquist described in Graham
is “officer created jeopardy.”
My law office focuses on two
v. Connor, 490 US 386 (1989) as “tense,
The argument advanced by activpractice areas— catastrophic personal
uncertain, and rapidly evolving” and
ists and prosecutors engaging in indulinjury and wrongful death cases and
gent prosecutions is, “If the officer used instantly turn them into calm, peaceful
defending public safety officers in
interactions. An overwhelming number
better tactics, techniques, or options
administrative and criminal matters.
available to them, the subject either
While it is devastating to a family
would not have had the opportunity to
and community to see a once strong
the radio call “Officer
officer suffering from a traumatic
brain injury following a car crash,
it is heartbreaking to watch a welltrained officer suffer the indignity of
a prosecution based upon politics,
indulgence to anti-law enforcement
activists, or worse, ignorance.
My office has represented officers
in some of the highest profile cases in
Georgia since our founding, responding to well over 300 officer involved
shootings and other critical incidents.
J U LY/AU G UST 2 0 2 4
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