Senators asked to update Missouri's deadly force laws

When is it appropriate for a law officer to use "deadly force" against someone?

The issue has gotten a lot of national publicity since Officer Darren Wilson shot Michael Brown in Ferguson almost 18 months ago - and there have been several other well-publicized cases around the country of law officers shooting civilians.

But Missouri's law has been out of line with the federal law since the U.S. Supreme Court ruled in 1985 that - even if they're pursuing a fleeing suspect - law officers may not use deadly force to prevent escape without probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.

"Missouri law currently allows police to (use deadly force) because of "reasonable belief,' (and) we're trying to disregard "reasonable belief' and make it "probable cause.'" State Sen. Jamilah Nasheed, D-St. Louis, told the Senate's Judiciary and Criminal and Civil Jurisprudence Committee this week.

"We truly believe that "probable cause' is much stronger."

Nasheed sponsors one of three bills the committee heard Tuesday afternoon.

"The use of deadly force should be reserved for only dangerous felons," she added.

State Sen. Maria Chappelle-Nadal, D-University City - whose district includes Ferguson - also urged lawmakers to change the current law.

"I am pleading with you to give people in my district hope again, that we're going to focus on the injustices that have occurred for decades now," she said.

While Nasheed and Senate Judiciary Committee Chairman Bob Dixon, R-Springfield, both mentioned the 1985ruling, Chappelle-Nadal noted there have been two other high court decisions on the issue since then - in 1989 and 2007.

"We have had several opportunities to make a difference in this Legislature," she argued, "but the biggest difference we can make today is by looking at every single one of these bills that deals with a law that is old, archaic."

Nasheed and Dixon both reminded the committee of "significant confusion and conflict between the jury instructions out of the Ferguson grand jury" over difference between the state law and the federal ruling.

Jasper County Prosecutor Dean Dankelson said the Missouri Association of Prosecuting Attorneys supports the change because it "treats law enforcement officers and their use of deadly force the same as any other citizen - which is, I believe, the way that it should be."

The state's police and sheriffs' organizations support the proposed change, as well as social justice groups like the Missouri Catholic Conference, Faith Voices and Empower Missouri.

Before sending the bills to the full Senate for debate, the three proposals likely will be combined into one - as they were last year, Dixon told the News Tribune Wednesday.

"There are some differences in the approach" of the three bills, he explained. "We want to make sure that we are consistent with all the federal case law out there that pertains to "deadly force.'

"One thing that's very important to me is that we give juries a very clear and concise instruction ... not only protecting those who put their lives on the line every day in law enforcement, but also enabling them to do their job."

He opposes suggestions to add some kind of distance calculation into the law, which he suggested would require an officer to "essentially get a tape measure out during a gunfight."

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