Note to self #2, for future reference > Shoot unarmed civilian, become a millionaire.
Brown was unarmed when he roughed up the convenience store clerk and stole cigarettes.
So I guess that was not a crime?
Brown tried to become armed by grabbing the cop's gun.
Because he failed to wrest it loose and turn the gun on the cop, I guess it was not a crime?
If I walk up to you on the street without a knife or a gun, and punch you in the face and then stomp on your head, I guess you are precluded from using your own weapon to defend yourself?
Is that how it works, counselor?
Uhhh, yeah, not so much:
"A person can lawfully use force to protect himself against an unlawful attack. However,
an initial aggressor, that is, one who first attacks or threatens to attack another, is not justified in using force to protect himself from the counterattack that he provoked." (
State v. Anthony, 319 S.W.3d 524 (MO Ct. App. 2010); Mo. Annotated Code, Section 563.031 ["1. A person may, subject to the provisions of subsection 2 of this section,
use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless: (1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided: (b) He or she
is a law enforcement officer and as such is an aggressor pursuant to section 563.046; Mo. Annotated Code, Section 563.074 ["1. A person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061
is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability".)
http://www.moga.mo.gov/mostatutes/stathtml/56300000741.html
Further, like most states, Missouri law precludes citizens from resisting a stop or arrest, even if the citizen believes the arrest to be unlawful or unjustified. That limitation applies to stops or arrests with or without a warrant. Once Brown made contact with the police officer and refused to stop, he was committing a felony and was subject to stop and arrest. His resistance was unlawful. (See, Mo. Annotated Code, Section 575.150. ["1. A person commits the crime of resisting or interfering with arrest, detention, or stop if,
knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person: (1)
Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or (2) Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference. 2. This section applies to: (1) Arrests, stops, or detentions, with or without warrants"].)
http://statutes.laws.com/missouri/t38/c575/575_150#sthash.IxfnRmq5.dpuf
Further, the officer was well within his rights to take all reasonable efforts he believed necessary to stop and arrest Brown. (See, Mo. Annotated Code, Section 563.046. ["1. A law enforcement officer
need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he or she reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, a law enforcement officer is, subject to the provisions of subsections 2 and 3,
justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody].)
http://www.moga.mo.gov/mostatutes/stathtml/56300000462.html
The grand jury is instructed on these laws in deciding whether or not to issue an indictment. I know that actually learning the controlling law is work (I spent a ton of time and money learning my trade), but failing to do so leads to uninformed, incorrect analysis.
Like yours.