Opelika police officer will not face criminal charges in shooting of U.S. Airman
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Erin Edgemon |
eedgemon@al.com By Erin Edgemon |
eedgemon@al.com
on May 13, 2014 at 10:13 AM, updated May 13, 2014 at 10:30 AM
OPELIKA, Alabama --
An Opelika police officer who shot and injured a U.S. Airman along Interstate 85 in March will not face criminal charges.
A grand jury met last week and determined there wasn't enough evidence to charge Officer Phillip Hancock with a crime in the shooting of Michael Davidson, Opelika Police Chief John McEachern said in a written statement.
"
We believe his decision to use deadly force was reasonable and legally justified under the facts and circumstances of this case," he said.
snip
Perceiving Davidson as a threat, Hancock shot him in the stomach, according to the report.
"Under state law, police officers can use deadly force against an unarmed suspect if the officer believes the suspect could cause serious bodily harm to the officer or another person," McEachern said. "There is no requirement that one has to be armed for an officer to use deadly force. If an officer has a
reasonable belief that his life, or someone else's life is in danger,
that decision cannot be questioned later by Monday morning quarterbacking."
snip
He said
the officer told him to put his hands up in the air.
When he raised his hands, Hancock fired two shots at Davidson, hitting him once in the abdominal area, which severed an artery, the suits claims.
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