Senate committee considers change to deadly force law

JEFFERSON CITY, Mo. -- Law enforcement leaders from around the state voiced support Tuesday for proposals to update Missouri's deadly force law after the fatal shooting of a black 18-year-old by a Ferguson police officer sparked national protests.

The Senate Judiciary and Civil and Criminal Jurisprudence Committee considered two measures to bring the state's law more in line with a 1985 Supreme Court decision, which says deadly force used against a fleeing suspect is unconstitutional unless the officer has probable cause to think that person poses a serious threat to the officer or others.

Missouri's current law justifies deadly force during an arrest or against a fleeing suspect when an officer believes the suspect has committed or attempted a felony, is attempting escape with a deadly weapon or poses a serious threat of danger to others.

Lobbyists from law enforcement organizations representing the state's sheriffs, police officers and police chiefs said they supported changing the law.

The Supreme Court standard is what has been taught in training for years, Missouri Sheriffs Association executive director Mick Covington said.

Dean Dankelson, the Jasper County prosecuting attorney, representing the Missouri Association of Prosecuting Attorneys, said it's a simple fix.

"Using deadly force to apprehend a fleeing felon is constitutionally unreasonable," he said. "There are plenty of other statutes within this chapter that deal with most of the instances that an officer or anyone would use deadly force."

Sens. Bob Dixon, a Springfield Republican who chairs the committee, and Jamilah Nasheed, D-St. Louis, separately sponsored the bills and said they're working to reconcile those.

"This bill is not an attack on law enforcement, it would not prevent officers from using deadly force when necessary," Nasheed said to the committee.

Nasheed said she had toned down her bill, which originally included wording to prohibit the use of deadly force when a suspect was more than 20 feet away, to help make it more palatable to law enforcement.

Her bill would require the officer to have probable cause that the person poses a serious threat to others or has committed or attempted a violent felony.

Dixon's bill removes the justification for deadly force if the officer reasonably believes the suspect has committed a felony.

"Reasonable belief is way too broad," Nasheed said of Dixon's bill.