Expert: Robin Sexton - 5/18/2008

Question
Can you shoot a fleeing felon that is not armed, but that is escaping from the
custody of NYC Dept. Of Corrections.Is the act of escape in the 1st. degree
enough cause to shoot. I say that you can not shoot unless your life is at
danger, or your partner.

Answer
Charles,

Lethal force is normally a matter that is defined by either Department Policy or by a Statewide law enforcement protocol.  The variables differ between agencies and states.
Most states obviously allow for the use of deadly force where a weapon is being used in a crime.  The issue you describe deals with a suspect fleeing.  Polices usually focus on what crime the suspect is suspected to have committed. Example suspect fleeing from police and is a suspected homicide suspect.  Lethal force may be justified.  Escaping from a fenced institution whether or not the suspect is armed is normally a lethal force situation.  Example a suspect jumping a prison fence is obviously convicted, of what may not be known by the officer.  Should the officer take the chance of not using lethal force if the person could be a forger compared to a armed robbery convict?  In one state that I am aware of lethal force is allowed to stop an inmate from releasing other inmates.
  The considerations in a lethal force question, are suspected crime, potential for weapon, potential threat to others.
Also the never ending frustration is the officer has seconds to make a decision that will be reviewed for months to years afterward.

Hope that helps a little


Robin