The dead guy
An update on the latest Portland police shooting: The dead man has been identified as Dennis Lamar Young, 28. Police have a mug shot of him, and as is customary are pointing out that they had had "numerous contacts" with him previously. The car he was driving when he was killed was reportedly stolen. I'm sure we'll be hearing any time now what drugs (if any) he had in him or on him when he died.
In case you were wondering (as I was), from this report here is the recently revised Portland police policy on the use of deadly force, effective this past August 1:
Deadly Physical Force (1010.10)
The Portland Police Bureau recognizes that members may be required to use deadly force when their lives or the life of another is jeopardized by the actions of others. Therefore, state statute and Bureau policy provide for the use of deadly force under the following circumstances:
a. Members may use deadly force to protect themselves or others from what they reasonably believe to be an immediate threat of death or serious physical injury.
b. A member may use deadly force to effect the capture or prevent the escape of a suspect where the member has probable cause to believe that the suspect poses a significant and immediate threat of death or serious physical injury to the member or others.
c. If feasible, some warning has been given.
The use of statutorily defined deadly weapons, barricades and vehicle ramming, constitutes deadly physical force. Also, depending upon bow they are used, flashlights, batons, body parts, and other statutorily defined dangerous weapons may constitute deadly physical force.
Members must be mindful of the risks inherent in employing deadly force, which may endanger the lives of innocent persons. A member's reckless or negligent use of deadly force is not justified in this policy or state statute. Members are to be aware that this directive is more restrictive than state statutes. Members of the Portland Police Bureau should ensure their actions do not precipitate the use of deadly force by placing themselves or others in jeopardy by engaging in actions that are inconsistent with training the member has received with regard to acceptable training principles and tactics.
Threat indicators, Levels of Control, and Post Use of Force Medical Attention are outlined in detail in DIR 1010.20 Use of Physical Force.
Shooting At a Moving Vehicle (1010.10)
For the purposes of this policy, a moving vehicle itself shall not presumptively constitute a threat that justifies the member's use of deadly physical force. The member using deadly physical force must be able to clearly articulate the reason for the use of deadly physical force. Members shall not discharge a firearm at a person(s) in a moving vehicle unless one or both of the following criteria are met:
a. To counter an active threat of death or serious physical injury to the officer or another person, by a person in the vehicle using means other than the vehicle.
b. There are no other means available at the time to avert or eliminate the threat.
Members threatened by an oncoming vehicle should attempt to move out of its path instead of discharging a firearm at it or any of its occupants.
In those cases where the criteria are met, Bureau members shall take into account the location, vehicular and pedestrian traffic and any hazard to innocent persons before discharging a firearm at a moving vehicle.
Additional Considerations (1010.10)
A moving vehicle may become an uncontrolled deadly weapon that could seriously injure or kill the occupants of the vehicle and/or subjects in its path if the driver becomes incapacitated before the vehicle comes to a stop.
Members must be mindful of the following when considering the use of deadly physical force involving a vehicle:
a. Bullets fired at occupants of moving vehicles are extremely unlikely to stop or disable the moving vehicle.
b. Bullets fired may miss the intended target or ricochet and cause injury to officers or other innocent persons.
c. The vehicle may crash and cause injury to officers or other innocent persons if the bullets disable the operator.
d. Moving to cover, repositioning, and/or waiting for additional responding units to gain and maintain a superior tactical advantage maximizes officer and public safety and minimizes the necessity for use of deadly physical force.
e. Shooting accurately from a moving vehicle is extremely difficult and, therefore, unlikely to successfully stop or prevent a threat to the member or other innocent person.
These criteria do not allow members to use poor tactics or positioning as justification for discharging a firearm at a moving vehicle. An example of poor tactics would be a situation in which a member places him/herself into the path of a moving vehicle, and uses the danger he/she finds him/herseIf in as the sole justification for shooting at the vehicle. Tactics of this nature are prohibited.