News from Pennsylvania:
A small-town police officer on trial for fatally shooting an unarmed motorist in the back testified Wednesday in her murder trial that she believed the man had a gun and she feared for her safety as he lay on the ground.
Hummelstown Officer Lisa Mearkle told jurors she believed David Kassick was still a threat even after she shocked him repeatedly with a stun gun.
“I wish he was here right now. I wish he didn’t do this,” Mearkle said, sobbing. “I didn’t want to have to shoot him, but he made me.”
The encounter was captured on video by a camera attached to Mearkle’s stun gun. The footage, which was played to jurors, showed the 37-year-old officer shocking Kassick before shooting him twice in the back as he lay face down in the snow in February.
In the video, Kassick’s hands repeatedly disappeared underneath his body as Mearkle screamed at him to keep them where she could see them and then fired the fatal shots. The trial judge has ordered that the video not be released to the public until there is a verdict.
The encounter began when Mearkle attempted to pull over Kassick after noticing an expired inspection sticker on his sedan. She pursued him to Kassick’s sister’s home, where he had been living, and he ran to the backyard.
Mearkle caught up to him in the yard. She said she was convinced he had a gun in his jacket and was reaching for it.
“There was no other reason for him to reach in his freaking jacket,” Mearkle said. “What else was I supposed to think he’s reaching for?”
She described an intense scene in which dispatchers were talking to her by radio and Kassick’s brother was yelling at her to stop shocking the 59-year-old with the stun gun.
The two gunshots were a few seconds apart. Mearkle administered CPR as others arrived.
In tears, Mearkle said: “This is horrible for me. I’m sorry. I’m sorry. I’m sorry. I’m sorry.”
It’s not clear why Kassick fled, but investigators recovered a syringe by his body and prosecutors have said alcohol and unspecified drugs were in his system.
Mearkle has been on unpaid suspension since her arrest and is currently out on bail. In addition to third-degree murder, she is charged with voluntary and involuntary manslaughter.
She testified she hopes to return to police work.
“I’m a good police officer,” she told jurors. “This should not have happened to me.”
Does anyone who isn’t a law enforcement officer believe that this defense – “There was no other reason for him to reach in his freaking jacket” … “What else was I supposed to think he’s reaching for?” – would or should be successful for himself if he shot a man in the back? And what goes for you goes for the police, so says the Supreme Court ruling in Tennessee Versus Garner.
Leaving aside my disagreement with the so-called war on drugs, let’s discuss for a moment acceptable outcomes of this exchange. If would have been acceptable for her to have shot him if he had turned and assaulted her or threatened too, weapon or not. It might have been acceptable for her to have shot him had he stopped, turned, and quickly reached into his pants or coat and pulled out a pencil or pen (I’d have to see the video). It would have been acceptable for her to have hosed him down with OC spray.
It certainly would have been acceptable for her to have let him escape, thus avoiding taking his life. After all, she knew at that point she had access to a relative, and police investigators just love to do their jobs and find people wanted by the police. He would eventually have been apprehended. In fact, not only would this outcome have been acceptable, it would have been the most peaceful and wisest course of action.
But it is not acceptable for a cop to shoot a man in the back who is running away. And thus do we have yet another sad, disgusting installment of losing the mandate of heaven. And cops wonder why people mistrust them?