Tuesday, July 23, 2013

Cop's first shot OK; next six -- maybe not: Denial of summary judgment affirmed

Fancher v. Barrientos, 2013 WL 3481983 (7/12/13) (N.M.) (Published) - The 10th affirms a denial of the defendants' motion for summary judgment in a ยง 1983 case. While the evidence indicated the deputy sheriff had good reason to shoot the suspect the first time as the suspect was about to drive off with his patrol car that contained guns, the evidence could support that the officer should not have shot the suspect 6 more times. The officer testified he saw the suspect slump after the first shot and was not reaching for the guns. The slumping suspect in a car that was in reverse going away from the officer was no longer a danger to the officer. There was evidence the officer had time between shots to step back from the car and assess the situation and know there was no more danger [to anyone except the dying suspect].