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When reflecting on the footage from the body camera from the first incident involving
the jaywalker, it would appear the use of force was excessive, given the totality of the
circumstances. Graham v. Connor was a benchmark case that tested the reasonableness standard
and is still taught in almost all law enforcement training academies. Using the "objectively
reasonableness" standard, the use of force deployed the night of the arrest of the suspect was
excessive. Reviewing the body camera footage, the officer escalated a situation that could have
ended with a citation and court date, but instead, it turned into a foot pursuit. The officer's
comments while chasing after the suspect would lead people to believe he was not thinking
objectively during the arrest but thinking more emotionally. Using a taser and head strikes was
excessive if you use the "Graham Factors" (https://www.fletc.gov/use-force-part-ii), which serve
as guideposts for use-of-force situations. The severity of the crime in question is very low;
jaywalking is a non-violent offense, typically handled with a ticket. The threat posed by the
suspect was minimal using the limited information obtained from the footage. The suspect was
resisting arrest, but the level of force employed could have been less since there were two
officers on the scene, with more arriving. Therefore, I cannot support the level of force used,
especially when it would appear that the suspect did not punch, kick, or strike the officers during
the confrontation. The suspect was already known to the officers from a prior interaction, so
evading arrest was minimal. Though not in the officer's position, it is hard to say what factors a
reasonable officer in that situation would have done.:
The second body camera footage was vastly different from the first footage, even though
the threat from the suspect in the situation was higher due to him being armed with a knife. The
officers in that situation were able to maintain a safe distance, keep the suspect out of reach of
harming others, and de-escalate the crisis, which negated the need for force. In this situation, if
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the suspect had actively resisted, then the use of deadly force would be one of the first options
used due to the risk the knife posed to the officers if the suspect could manage to get close
enough.
Overall, the difference between the two pieces of footage was the ability of the officers to
de-escalate the situation and come to a logical conclusion. The suspect in the first video finally
agreed to the citation, which would have effectively ended the interaction without any force
needed. The de-escalation used within the second body camera footage could have prevented the
result within footage one, especially given the lower threat posed within the first footage.
In the first footage from the body camera, the officer did not conduct himself in a manner
that would provide a citizen with trust and confidence in him. (Bohm & Haley, pg. 248-249) He
quickly escalated the situation after the citizen had already advised that he would accept the
ticket. From the second body camera footage, the officer showed the citizen that he could have
trust and confidence in the officer. He showed the citizen that he cared about the outcome at that
moment because he did not want to shoot; he tried to help. Proverbs 2:11 states that “Discretion
will watch over you, and understanding will guard you.” (Proverbs 2:11 Christian Standard
Bible (CSB) 2017) When you fully understand the situation, it helps prevent you from
committing immoral acts; it can provide an understanding. It is essential to have that discretion
because we are all children of Christ, and as long as we carry that understanding with us, it can
help us stay more focused and guided.
4
References
The Asheville Citizen Times. (2018, March 1).:APD Chase, beat man they say jaywalked.
The Asheville Citizen Times.
https://www.citizen-times.com/videos/news/local/2018/03/01/apd-chase-beat-man-they-
say-jaywalked/110950514/
Bohm, R., & Haley, K. (2021).:Introduction to Criminal Justice. McGraw Hill Recharge
Smartbook. https://learning.mheducation.com/static/awd/index.html?
_t=1707658042723#/
Graham v. Connor, 490 U.S. 386 (1989) | findlaw - findlaw caselaw. FindLaw. (n.d.).
https://caselaw.findlaw.com/court/us-supreme-court/490/386.html
Proverbs 2:11 Christian Standard Bible (CSB). Proverbs 2: 11 CSB - - Bible Gateway.
(2017). https://www.biblegateway.com/passage/?search=proverbs%2B2%3A
%2B11&version=CSB
Use of force - part II. Go to Federal Law Enforcement Training Centers Producer
Resource Steward seal. (n.d.). https://www.fletc.gov/use-force-part-ii
YouTube. (2017, November 8).:Video: BPD officer talks man out of attempting suicide-
by-cop. YouTube. https://www.youtube.com/watch?v=lEwhcW9RfXo
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