What does Georgia Law say about deadly force?
OCGA 17-4-20 (b):
Sheriffs and peace officers may use deadly force:
1.) to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon. (He did)
2.) to apprehend a suspected felon who possesses any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. (He did)
3.) to apprehend a suspected felon when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others (He did)
4.) to apprehend a suspected felon when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm (He did)

The officer only needed one of those requirements, but he had all 4……..

Now the reason taser’s are considered “less-lethal” is because when used appropriately, you are “less likely” to kill someone vs using a gun. But Brooks hasn’t been through the training to know how to avoid certain vulnerable parts of the body, and he doesn’t understand how neuromuscular incapacitation (NMI) works, which makes it MORE likely for him to cause great bodily injury or death than if an officer used it.

And just to support the fact that tasers can and do kill, there is an East Point Officer currently sitting in prison for improperly using a taser and killing a man a few years ago.
(Eberhart v Georgia)

“He could’ve shot him in the leg!”

Right off the top, it is unconstitutional to do so. It is considered cruel and unusual punishment to employ a gun in that manner. Either an officer felt deadly force was necessary, or he should use a lesser response.

We could just leave it at that, but that’s too much of a cop out, so let’s discuss WHY it has been deemed unconstitutional. For one thing, that’s an extremely difficult shot to make. The target is quite narrow, and in continuous motion as the suspect runs away/charges the officer. Under the best of conditions trying to hit the leg is challenging…to be generous about it. But in a life or death encounter, the officer’s fine motor skills will be eroded by the stress of the encounter making the shot, turning a leg shot into a very low probability feat.

Assuming a round does hit the leg, then what? The only way a shot to the leg would immediately stop a threat is by shattering one of the bones, and stopping the threat is the ultimate goal. While it is very difficult to find a shot to the leg that will immediately stop a threat, it is actually comparatively easy to find shots to the leg which eventually prove fatal. Human legs have very large blood vessels which are essentially unprotected (femoral artery)

Now remember, we’ve had days to sit back, watch videos, discuss, and analyze this entire thing. The officers had less than a minute from the time the fight started, and less than 5 seconds to interpret EVERYTHING you just read while running, getting shot at with a taser, and returning fire.

-Greg James
Founder/Executive Director
Georgia Law Enforcement Organization"