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Why It Was Legal for New York Trooper to Shoot Fleeing, Unarmed Escapee

June 30, 2015  | 

Escaped cop killer David Sweat was shot and captured by New York State Police Sgt. Jay Cook. (Photo: Screen Shot from NBC News)
Escaped cop killer David Sweat was shot and captured by New York State Police Sgt. Jay Cook. (Photo: Screen Shot from NBC News)

A New York State trooper had the law on his side when he shot unarmed escapee David Sweat, apparently in the back, as the convicted killer ran toward a forest near the Canadian border.

State and federal law allows the use of deadly force to prevent an escape if the officer believes the suspect poses a significant threat. Law enforcement experts say this shooting was clear-cut.

"There cannot be any cleaner situation than this one," Maria Haberfeld, head of the law and police science department at John Jay College of Criminal Justice, told the Associated Press. "You cannot shoot any fleeing felon, but certainly you can shoot the one who poses a real threat. There was no reason to believe this person who had killed a police officer before was not posing a real threat."

Comments (4)

Displaying 1 - 4 of 4

Jack @ 6/30/2015 3:15 PM

That won't stop the blood sucking vermin from lodging a complaint and filing a lawsuit, and the DOJ from opening a violation of civil rights investigation.

Jon Retired LEO @ 6/30/2015 3:45 PM

My goodness it sounds as if some of the liberal media is sorry that the fugitive got caught. How many times does the use of force law have to be explained? This wasn't a John Wayne hollywood movie. This was a convicted cop killer running away after being told to stop.

S.S. @ 7/1/2015 7:25 AM

The aclu is behind this sh*t. Figures they would bitch about it. Yeah that poor, poor cop killer! It's just too bad the f**ker didn't die.

ssc1911 @ 7/1/2015 7:28 AM

David Sweat killed a Deputy Sheriff in upstate NY. he was sentenced to a long prison term, up to life from what I read. He along with now deceased and former escaped convict Mr. Matt, had escaped from custody. Both convicts were on the run for three weeks. They picked up weapons along the way and were considered armed and dangerous. The NY State trooper did everything right Mr. Sweat was shot in the torso. There is no need for the federal DOJ to get involved let's not forget that David Sweat is a convicted criminal he violated the law by killing the deputy and other criminal acts. The liberal media will find any excuse to "stir the pot" so to speak about this shooting and anything else that law enforcement does. Great Job Sgt Cook. Not to mention the risk to all citizens and law enforcement looking for these two escaped convicts. perhaps the liberal media should contribute money towards the law enforcement expenditures. Media should keep their mouths shut, they are subversives.

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