Bill to limit deadly force advances in state senate

JEFFERSON CITY, Mo. -- The Missouri Senate on Tuesday advanced a bill that would limit police use of deadly force, an attempt to address concerns raised after the fatal police shooting of Michael Brown in Ferguson that comes amid riots in Baltimore after the funeral for a black man who died in officer custody.

Brown's August death spurred sometimes-violent protests and ignited conversations in Missouri about when police should be allowed to use deadly force. A grand jury in November declined to indict former Ferguson officer Darren Wilson, who is white, for shooting Brown, a black and unarmed 18-year-old.

The funeral for 25-year-old Freddie Gray, who died of a spinal cord injury a week after his arrest after running away at the sight of police, was the latest flashpoint in the national debate and spurred riots Monday in Baltimore.

Since Brown's death, some legislators have called to change state law on deadly force. Current law justifies deadly force when an officer believes a suspect has committed or attempted a felony, is escaping with a deadly weapon or poses a serious threat of danger to others.

That could give the impression police have reason to shoot someone suspected of writing bad checks, sponsor Sen. Bob Dixon said.

His bill, given initial approval in a Senate voice vote, would change when police could use deadly force to only when officers reasonably believe suspects have committed or attempted to commit a felony involving "the infliction or threatened infliction of serious physical injury."

Dixon, R-Springfield, said that would align Missouri law with a 1985 Supreme Court decision, which says deadly force used against a fleeing suspect is unconstitutional unless the officer has cause to think that person poses a serious threat.

Dixon said members of the grand jury tasked with determining whether to charge Wilson for Brown's shooting were given direction from the Supreme Court ruling and the Missouri law.

"What I want to make sure law enforcement has," Dixon said, "is clarity in the law. Because what we have in our current statutes right now is some confusion."

Holdups so far in advancing the bill have stemmed from debate over whether police should have a "reasonable belief" or "probable cause" to determine whether a suspect has committed a violent felony.

While Dixon said that language has been used interchangeably in the Supreme Court ruling and in Missouri law, Sen. Jamilah Nasheed called the draft of the bill -- which relies on officers using "reasonable belief" standard -- "watered down."

Nasheed, a St. Louis Democrat, said that term could give police more leeway in deciding whether to shoot suspects.

"The people are going to say that that's not good enough and that there should be a higher standard when you go to the extreme to pull out your pistol and begin to shoot a person," Nasheed said.

The bill needs a second Senate vote before it can move to the House.

Republican Senate President Pro Tem Tom Dempsey said passing the deadly force bill is a priority, but it's late in the session. Lawmakers have until May 15 to pass legislation.

Deadly force bill SB 199.