In Texas there are 5 levels of response. Officer is allowed to use one step higher than the threat presented to him or her. That's the official answer. I will let you figure out the unofficial answer.
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)
Hey kerb: I just got thru your intial thread question and did not examine other repliers but the answer is right there in your own question. If you or I cannot shoot, the LEO cannot shoot--period/end of story. Oh, he can shoot but just like you and me, there will or should be consequences for discharging his firearm and certainly consequences for actually harming or killing someone w/o clear "imminent danger". If a police dept wants to excuse such behaviour, I pity the poor citizens living there because they will have to put up with this crap and they will be paying more in taxes once the civil case is settled.
Actually, the rules are pretty much the same for a police officer and a citizen legally armed.
The difference is that the DA (and most juries) will trust a police officer's judgement of the need for deadly force more than they will a LAC. A police officer is going to be assumed correct unless there is clear proof he/she acted badly. The LAC had better have a witness or clear physical evidence.
The cases are apples and oranges...actually more like apples and i-beams. Name me a situation where a non police officer would have received official clearance to take a shot in the first place. And Horuchi's shot was never characterized as one of self-protection.
Considering the rules laid out to Horuchi (which I personally believe were just plain wrong on about 5 different levels...starting with the setting of the siege itself), it becomes a question of judgement. I believe my post (to which you responded but chose to cut that section) stated that "The difference is that the DA (and most juries) will trust a police officer's judgement...".
LOL. I thought that I coined that phrase, largest street gang in America. I remember getting a nasty PM right after that here.
Cops can shoot you any time they can get away with it. Who's word will a judge take in a court room? Yours, or a cops? Especially if you're dead?
NYPD cop shoots suspected motorcycle thief - WSJ.com
You can run... but you'll just die tired. 3%