It says a lot about your state of mind when you shot them, though, which is how these things are determined.
Oh, I am sure the officer was in a pissed off state of mind. If I had been dealing with a drunk person in a car who fired a weapon at me I would be in a kicking mood too. Now personally, I don't think I would kick someone after I shot them, unless I was making sure they were not faking or I was just mad that the situation escalated to that point.
I think the officer should be fired but felony murder is overboard. Felony murder should be the situation where a police officer is dealing drugs on the side and gets involved in a shootout with dealers, something like that, not this.
I haven't seen the video of the incident (all 41 minutes of it) but from the news reports I've read:
- The officers were with Rayshard for almost half an hour before things escalated, asking questions and performing a breathalyser test. The test returned 0.108.
- They had already determined he did not have a weapon via a pat down.
- The officers attempted to handcuff him and had not read him his rights. A scuffle started.
- He stole a taser in the scuffle. The taser had already been used twice (during the scuffle?) so is inoperable.
- Rayshard was 18 feet away from the officer when he was shot twice in the back. Clearly running away, and at a distance where a taser is regardless ineffective.
- A third bullet was fired and was found lodged in a car waiting in the drive-through line
Officers need to be held to a higher standard. The potential for abuse from authority is so high that a higher standard needs to be set. If he can't deescalate a situation with an unarmed drunk person then he has no business being an officer.
Absolutely this is felony murder, you don't just go shooting people in the back when clearly someone is running away from you. You also don't recklessly fire a weapon into another bystander vehicle, putting the public in danger.
Throw the full force of the law at the guy. If it was a random citizen shooting a random citizen after an incident of for example road rage we wouldn't even be having this discussion.