I was specifically responding to the post I quoted, which talked about the driver's intent, and I addressed your argument in the next sentence.
First off we don't know the drivers intent. We have no idea if she was truly trying to get away or trying to make contact with the officer in front. We don't even know if she SAW the officer in front of her. Maybe she was focused on the officers who were trying to open her door. So to assign an intent on her part is irrelevant because we have no idea what was going on in her head or what she was hearing or what she saw and was focused on.
That is possible, and yet federal regulations on shooting at a vehicle state that all other avenues - including moving out of the way - must be exhausted before firing.
That is true, however he was close to the vehicle and had a split second to make a decision on what to do. When watching the video he reacted to her coming toward him and drew his weapon as she was doing so and he was moving to the side and she made contact with him anyway. You can watch as he was moving and then she accelerated toward him. She was not that far away and he drew his weapon as she came at him and hit him.
The legal standard has nothing to do with what the drivers intent is, but what the officer perceived at the time. Graham vs Conner is rhe standard in these cases and recognizes how officers have to make split second decisions on their use of force. The use of deadly force is justifiable if the officer believed he was in danger of death or serious injury.
I would argue a car accelerating toward you in a short distance and you having a split second to react it's reasonable to believe he thought he was in danger of serious bodily injury. Especially since she DID make contact with him knocking him back. Which the video CLEARLY shows.
If he reasonably believed in that split second he was in danger then his actions are legally justifiable.
Her wheels turn smoothly from full left lock (for reversing and turning to the right) to full right lock as she shifts to drive and attempts to get away. Her initial attempt to accelerate starts while her wheels are still pointed forwards, but they continue to turn to the right as the tires spin, and by the time the gun comes into her view (i.e. above the hood), she is already at full right lock and accelerating away.
This is from the point of view from the rear and left side of the vehicle. The officer is in the front of the car and can't see that. But he can hear the engine and hear the spinning wheels as she accelerates toward him. He has a split second to pull his gun and try and fet out of tye way, but the time is so short and limited and he is actually hit by the car. That puts it into a legal perspective of what he reasonably believed at the time. The fact that she did strike him adds credence to the perception that he could reasonably believe he was in danger of serious bodily injury because he did not know her intent.
In fact, it's reasonably likely that she didn't see the gun at all - by that time, she was most likely fully focused on the road to the right, where she wanted to go.
That is irrelevant to the reasonablness of the officers actions.
Ah yes, victim-blaming. First of all, she was given conflicting orders. Some of the officers were telling her that she needed to leave, and others were telling her to get out of the car.
Okay. But you dont know what she heard. There was an officer at her door. Let's just say she decided to listen to the order to leave. Why on earth would you accelerate away with a police officers standing at your door. Thats not acting reasonable. Slowly pulling away to be careful not to hit one of them is the reasonable approach.
Second, officers cannot order you out of your car without a valid reason (i.e. during a traffic stop), and such a reason was not articulated.
An officer can order you to stop. And can order you out of the car. In this case it is unknown as to what all was said. And rhat is actually irrelevant as to whether or not the officers use of force was justified because he wasn't the one standing by the window.
Third, the officer put himself in a position to be threatened by walking in front of her car while she was clearly already trying to leave.
No he did not. He was in the front and was acrually walking toward the left of the vehicle when she accelerated toward him and thats when he drew his weapon. He was not standing at the side of the car and then did NOT step in front of the car to prevent her from leaving as she was accelerating. He was already in front as rhe other officers were dealing with her and started to move when she accelerated. He had little to no time to react on a slippery street.
I'm not blaming her. I'm not blaming him. I'm looking at the situation from a legal standpoint. The burden of proof is based on the factors of the case KNOWN to the officer at the time, including the time he had to make a decision. From what I saw, without hearing the officers testimony, its appears to be a case where rhe officer could have reasonably believed he was in danger of at least serious bodily injury as a car accelerated toward him and he had little time to react. And the fact that he was actually struck lends some. credence to that.