Submitted by OaSoaD t3_11wtzl6 in pittsburgh
extrahandgrenades t1_jd0vato wrote
Reply to comment by AntiStatistYouth in DA to seek death penalty against man accused of fatally shooting McKeesport officer by OaSoaD
18 PaC.S 505 Use of Force in Self Protection
Limitations on justifying necessity of use of force:
- 18 PaC.S 505(b)(1)(i) - The use of force is not justifiable under this section; to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.
- 18 PaC.S 505(b)(2) - The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.
Johnathan Morris was not under arrest and neither officer had their weapons drawn when they approached Morris. Under Chapter 5, it was not lawful to use any force against McKeesport Officers even if they were affecting an arrest and there was no possible way that, even in crisis, he could articulate that his belief that Officers were trying to kill him was reasonable.
There is no self-defense justification for his actions.
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