Yes. Unless the guy had pinned the safety or installed a solid backstrap on the weapon (ISTR Novak selling one of those years ago).
I know you're not supposed to judge based on appearances, but the first thing I thought when I saw the officer's photo was, "this guy never should have been allowed to be a cop." America has very serious recruitment and training issues when it comes to law enforcement officers.
Now they are insinuating that the cop got spooked by "a loud noise" or something and commenced to shootin'. http://abcnews.go.com/US/wireStory/...ding-fatal-minnesota-police-shooting-48694394
Which doesn't change much, really. Oh, I'm sure some people will argue it does, because police officer, but if anything it's a bit worse. Kind of like that SWAT officer that managed to accidentally shoot an unarmed man laying on the ground due to his poor trigger discipline. Where did this assertion come from then? Are people making shit up for the officer?
Mohamed Noor fired through an open window. How stupid can he be? He killed this lady and he almost blew his partners head off. He's refused to be interviewed by the investigators at this point.
I'm genuinely curious exactly what his reasoning was now. Did he have a hatred for hippies or something?
His picture doesn't automatically set off alarm bells for me though obviously he had a competence problem and fucked up pretty badly. I mean a negligent discharge is a pretty huge safety breach. I do think that is a problem that started way back at selection and training of officer candidates so this is a problem which needs a systemic change with how selection and training occurs. Probably also including periodic manditory retraining just to make sure training levels remain high. Cops do have a tough job and often they do have good reason to fear for their lives. That said, anyone with a firearm needs to maintain full control over it at all times without any excuses.
It's not a negligent discharge at this point according to the reporting. It would actually be better for him if it was a negligent discharge. No the reporting is they drove up on a scene, heard a loud noise that startled them, the woman shows up right after the noise, and the cop in the passenger seat shoots through the open window at her killing her. (not to mention if his partner had leaned slightly forward as the officer fired the partner may have been shot in the head) So actually they didn't even have a chance to talk to her before she was shot. I can see what he's thinking. They are sent on a call and arrive to the area, there's a noise and than a person at the window with a object in their hand. He's assuming it's a assassination like what has just happened a couple weeks ago in New York City and has happened previously where an officer was shot to death while in their car. Except he's stupid. He doesn't take the time to make sure there is an actual threat. One extra half-second and he doesn't fire.
I agree, it would be better for the officer if it was a negligent discharge. Instead, it's a shot fired in momentary panic that kills an innocent civilian. Circumstances may make this a bit less damning for the officer--What was the nature of the "noise?" How soon did the woman appear after it? How close was the woman when the shot was fired?--but at the end of the day (if the facts are as reported), the officer killed someone without justification. It isn't murder, but it isn't something you get a slap on the wrist for, either.
Same one it usually seems to - "Buck it, a cop killed a civilian. Ah, well, we'll write it off as 'feared for his safety' and not prosecute, and if the DA tries to bring a case remind him who butters his toast, willya?"
That's complete BS as you well know it. Or should know it given how many times the claims of police using deadly force unnecessarily (like in Ferguson) have completely fallen apart.
It'll be Manslaughter. #1: Good luck trying to prove extreme indifference to human life in court. #2: The defense will argue that the death was due to a sudden heat of passion and that there wasn't a reasonable time for the passion to cool and for reason to reassert itself. Which, honestly, sounds like what has been described. He panicked. Now, if other facts present themselves...
I wonder if the officer who committed the shooting had been paired with a more experienced partner that he might've reacted differently. IIRC, the shooter had only been an officer 21 months and his partner (the driver) had been one less than a year.