Letter to the Editor: Color of Title

Written by Keith McCarter

Pursuant to California Law CALCRIM No. 3470.  You have the right to defend another person if 1. You reasonably believed that person is in imminent danger of suffering bodily injury or is in imminent danger of being touched unlawfully, 2.  You reasonably believed that the immediate use of force was necessary to defend against that danger, AND 3. You used no more force than was reasonably necessary to defend against that danger.

Keep in mind, When an officer is acting within his supposed realm of duty, this is referred to as acting under the color of title.  So then the question becomes, DOES AN ORDINARY CITIZEN HAVE A CLAIM OF DEFENSE OF OTHERS WHENTHE PERPETRATOR IS A POLICE OFFICER.

This is where my message begins.  It is my opinion that no one, including those acting under color of title has the right to take the life of another if that person is not posing a threat.  It is legal to interfere with an altercation of an officer who is wrongfully killing a man.

To better understand this point let’s look at what happened in Minnesota and what possible options could have been taken by ordinary people to prevent the death of the victim.

ORDINARY PEOPLE CAN PREVENT A WRONGFUL DEATH.  Many were standing around yelling, screaming and filming the policemen.  I think we can agree that prong one and two ‘defense of others’ apply here.  The most important question becomes what amount of force ordinary people can use to prevent the death of another-“no more force than is necessary”.  Now we consider some action options for ordinary people to consider.

Option one-people can throw rocks and other bottles and other none deadly items at the officers and even at the police vehicle until the policeman removes his knee from the neck of the victim.  This is a safe bet because you are using none deadly force to try to stop a person from using deadly force.

Option two-people can charge the officers and attempt to subdue the officers until the threat to the victim is neutralized.  Since the policemen have guns this should only be done when there are a large number of ordinary people who are willing to physically charge and subdue the officers.  I suggest there should be at least four people per officer-One person to target each of the four limbs to immobilize the officer from using his gun.  This is also a safe bet for a successful claim of defense of others but a bit dangerous.  However, increasing the level of danger to many to save the life of one is worth the risk in my opinion.

Option three-an ordinary person who is legally carrying a gun can draw the gun on the police officers and demand for the office to remove his knee from the victim’s neck.  This option is obviously the most dangerous and the less likely to result in the ordinary person successfully claiming defense of others.  However, if done as a group, with at least one gun carrying ordinary person to each police officer, the defense may be successful as long as the citizens holster their weapons after the officer removes his knee from the neck of the victim.

When you see a police officer abusing his color of title, these are some of the options you can consider.  I believe 50 years of peacefully marching has not alleviated the problem of preventing policemen from senselessly killing Black Men.  At this time, the citizens need to police those who are charged with the privilege of policing our community to ensure that they perform their duty righteously.

These are my opinions.  I am not attempting to give legal advice on this matter nor am I qualified to do so.  My opinion in a nutshell is very simple.  If a policeman is killing a man who is handcuffed and poses no threat to the officer or society, then an ordinary citizen can use deadly force to prevent that ensuing death.

If you are afraid of going to prison for defending the life of another, then perhaps this will give you some comfort.  Just as a police officer who murders a black man and is later sent to prison will be protected and idealized by white supremacist gangs in the prison, so will a man who prevented the death of a handcuffed police victim be protected by the Black and Brown gangs inside the prison walls.

If you see a police officer murdering someone in the street, what would you do-voice, camera, rocks or gun?

I will be applying for my open carry permit tomorrow.