Body camera video of the fatal police shooting of Ta’Kiya Young, a 21-year old pregnant mother in Ohio, has raised questions about the strength of police department use-of-force restrictions and how an allegation of shoplifting led to a bullet being fired through her windshield.
have recommended the restrictions, saying shooting in such circumstances creates an unacceptable risk to bystanders from stray gunfire or the driver losing control of the vehicle if shot. The Blendon Township department’s policy states: “An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others.
” But as of June only 32 police departments in the 100 largest U.S. cities had some form of restriction on firing at moving vehicles, according to Campaign Zero, an advocacy group of academics, activists and others seeking to end police brutality.John P. Gross of the University of Wisconsin Law School, who has written about the challenges of ending police shooting at moving vehicles, said individual department policies sometimes include exceptions if a suspect is firing a weapon or if the car is being used as a weapon against an officer, though many restrictions specifically say other weapons must be present. Prosecutors and internal police investigators often focus on the moment of use of force, but a broader view is necessary, he said. For example if an officer already has a license plate number, that may be a reason not to use force to stop a vehicle, since “most of us are findable.” “If you are pursuing someone accused of a homicide and who has shot at officers in the past, that’s a different situation than somebody who might have shoplifted $50 worth of items,” Gross said. “That context should be part of this.” Departments often don’t enforce the policies with meaningful discipline in part because of the strength of police unions, Gross said. In Blendon Township, union officials have said Young’s car became a weapon the moment it began moving.Many department policies advise officers to move out of the way. But in the Ohio video, an officer is seen drawing his firearm and putting himself in the path of Young's parked car, which Gross called “bad tactics.” “And oftentimes bad tactics translates to needing to use more force than was necessary," Gross said."The officer shouldn’t put himself in front of the car. He can’t stop the car with his body.” Edward Obayashi, a national use-of-force expert and attorney who specializes in vehicle-related police shootings, agreed and said the officer went against his training. “The best practice in these matters nationwide is that you do not put yourself in a position of danger,” Obayashi said."There was no urgent need for him to position himself the way he did.” Gross also questioned why the officer drew his firearm when the issue at hand was a shoplifting allegation. He urged changes to police training. “They are taught that if someone is resisting even verbally, that person is going to fight or flee,” Gross said. “That just ties resistance to a threat. Training teaches officers that there is danger around every corner and threats are everywhere.” Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
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