If the statement about the car being driven back and forth is true, and the the Officer felt that this action endangered their life (might be about to get run over etc), then they can make the decision to shoot to remove that perceived "threat" to their life. However, and its a BIG however, that decision - like it is being done currently - has to be open to investigation and cross examining to find out if the decision was actually justified or not.
So just because Kaba's hands weren't holding a firearm/knife etc, doesn't mean that they didn't pose a perceived threat to life by attempting to ram-raid their way out of a Police stop.
The Officer who opened fire gave his account of events in court today, and it comes as no surprise to me that its very similar to what I wrote yesterday, even down to some of the terminology used -
“At this point the driver drove his vehicle at great speed toward myself and E156 to escape. I had a genuine belief that either of us could be killed and moved right, out of the way. The driver then rammed our car, which was behind me as well as a parked car and stopped, wedged. Seeing the car was stopped I went round to the front and again challenged the driver saying something like ‘armed police, stop the vehicle’. At this point the driver reversed back at great speed as fast as he could, directly towards my colleagues who were out on foot approaching the vehicle.
The male had already shown a propensity to use violence and was happy to use any means to escape and I had a genuine held belief that one or many of my colleagues could be killed by the car, and that the driver would not stop his attempt to escape at any cost. I then made the decision to incapacitate the driver due to the imminent threat to my colleagues and took one shot at the driver."
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