By Scott Buhrmaster

Have you ever trained for a scenario like the one in the video below?

We’re betting the answer is no.

The following real-life scenario offers an excellent opportunity to consider how you would handle a similar situation within the parameters of legal precedent concerning the use of deadly force. Read, watch, consider and then share. We’d like your perspective.

Here’s the situation, which is all caught on camera:

A loss prevention officer working at a Walmart in Tucson, AZ suspected a man in a motorized wheelchair of stealing a toolbox. Accompanied by a Tucson police officer working a special security detail, the loss prevention officer approached the man and asked for a receipt, to which the man reportedly responded, “Here’s my receipt,” and pulled out a knife.

The police officer ordered the man to drop the weapon, but he refused and instead began moving through the parking lot toward the open-air entrance of a nearby Lowe’s store at a pace of about 2-3 mph. The officer radioed Tucson PD dispatch and asked for an additional unit to respond as he followed the man through the lot.

As the backup unit pulls up and the officer exits and approaches the scene you can hear the primary officer say to the shoplifting suspect, “You need to stop.” The primary officer then warns the approaching back-up officer, “He’s got his knife in his other hand.”

Seconds later the primary officer commands, “Do not go to the store, sir!” as the man gets to within about 15 feet of the Lowe’s entrance.

As the back-up officer runs toward the man from behind she yells, “Stop now! You need to sto…” and before she can finish her second command, the primary officer begins firing at the man from the left. Less than two seconds elapse between the time the back-up officer yells her orders and the primary officer begins to fire.

9 rounds are fired by the primary officer in about 4 seconds and there is an approximate one-second delay between the 8^th and 9^th shots. The back-up officer did not fire.

After being shot, the suspect slumps forward in the wheelchair, hangs there for several seconds, then falls face-first out of the chair to the ground.

In security cam footage taken from inside the open-air entrance of the Lowe’s store you see a store employee sitting on a stool just inside the entrance. As the man in the wheelchair approaches, she stands up and looks out the entrance. Seconds later the gunfire begins, at which point you can see her flinch and move away from the entrance.

Watch the video, then let’s discuss [NOTE: Be sure to come BACK to this page after viewing the video]:

First, it’s important to remind you that we evaluate these incidents in the spirit of learning, NOT to second-guess, judge or condemn these officers. We acknowledge that we’re looking at this through the lens of 20/20 hindsight. In real time, these officers were involved in an unpredictable, fluidly unfolding event. We understand and respect that.

That said, what is the proper response in this situation?

If it’s possible to contemplate, what would you have done? What would you have considered? How much time would you have to assess the facts, weigh your options, evaluate the potential outcomes, then decide and act?

Some points for discussion and consideration when it comes to the use of deadly force in this or any situation:

— How do the particulars of the incident measure up against the three-prong Graham Test? Specifically:

1. What is the level of severity of the crime?

2. Does the suspect pose an immediate threat to the safety of officers or others?

3. Is the suspect actively resisting arrest or attempting to evade arrest by flight?

— In that vein, how does the situation officers are facing measure up when evaluated against the “Deadly Force Triangle” use-of-force decision making model? Are the three elements involved in the force triangle—ability, opportunity and imminent jeopardy—present?

Here are the facts:

 — The man is suspected of shoplifting.

— He’s armed with a knife and has threatened a store employee in front of a police officer.

— He’s fleeing, but he’s also in a wheelchair moving at a pace of about 2-3 mph and refusing police orders to stop.

— There is an employee just inside the entrance of the Lowe’s store the armed suspect is about to roll in to. Did the officers know that? Did they need to? Was the suspect posing an immediate threat of death or serious bodily harm to that employee? What options do you have for handling that?

— There are two officers involved with dealing with this suspect.

— The primary officer fired 9 rounds. The back-up officer did not fire.

Back to our original question; Have you ever trained for something like this? That’s why looking at this and other incidents we’ve analyzed is so valuable. It happened and it could happen again, so examine this situation, discuss tactical options as well as use of force parameters. Make sure you’re putting time into imagining challenging situations and training to handle them.

Let us know your thoughts.

Was the shooting officer left with no choice?

Were there other options?

Does the Graham Standard (objective reasonableness) as well as the parameters of the Deadly Force Triangle justify the decisions made in the moment?

Could/should this have been handled differently? If so, what are your suggestions? We want to know!

EMAIL US at editor@calibrepress.com

Read other officer’s responses.