I saw the following article about a 1996 shooting in NY where an off duty officer shot and killed a person swinging a baseball bat at his father's head: http://www.cnn.com/2012/01/19/justic...html?hpt=hp_c2
The shooter was initially found guilty on the grounds that the dead person was using the bat to defend himself from 3 aggressors and was not actually swinging the bat at the time he was shot. The conviction was overturned in 2008 on the discovery of evidence that the police intimidated witnesses into changing their testimony from "he was swinging the bat at the old guy's head" to "he was backing up with bat raised in self defense" http://i2.cdn.turner.com/cnn/2011/im...iguglielmo.pdf
The NY supreme court overturned the acquittal and reinstated the conviction: http://i2.cdn.turner.com/cnn/2011/im...peal.order.pdf
On page 10 of the supreme court ruling it states: "Given the fact that the defendant's gun was a far swifter deadly weapon than the bat in Campbell's hands, there was time to display the handgun and deliver a warning."
I would like to hear your opinion of the quoted section, as it goes contrary to most training.
I would also like to hear your analysis of this case, especially in light of the two court rulings. I know that a detailed analysis is not appropriate for GATE, but if you chose to write about it, can you please post here directing us to the article.
Thanks again for your time.
To the mods: Court opinions are not copyrighted. They are in the public domain and quoting them, even in their entirety, is not a copyright violation.