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Ambiguous Deadly Force Decisions Under Stress: Josh Shemenski’s Second Shooting


 Figure 1: Deputy Shemenski spots Rusk running with shotgun, Rusk turns to attack him, and Shemenski opens fi re, downing Rusk. As Shemenski approaches Rusk, Rusk’s father picks up shotgun and is almost shot by Shemenski.


7. 1. Rusk runs from group with shotgun. 1. 6. 8. 3. 5. Cul-De-Sac 2.


2. Rusk stops, turns and points shotgun at Shemenski.


3. Shemenski returns fi re; prompting Rusk to fall; then backs away.


4. Shemenski exits his cruiser. 5. Shemenski approaches Rusk. 6. Rusk’s father stops his truck and exits. 7. Mr. Rusk picks up and throws shotgun.


8. Shemenski spots Mr. Rusk, turns to shoot him, but withholds fi re.


4.  Key: = Offi cer Shemenski Deputy = Offender


Offender Rusk


turned back toward Michael Rusk, who was still standing with his hands limp at his sides.


“Get your hands up!” he shouted. Rusk just looked at him. Shemenski re- peated the command, “I said, ‘Get your hands up!’”


With a casualness that bordered on bore- dom, Rusk slowly lifted his hands into the air. T e man no longer appeared to be a direct threat, but he was just a couple of seconds away from the shotgun and Shem- enski knew there would only be one way to stop him if he made a dash for it. He hated the idea of shooting anyone in the back, but he felt he would have no other choice. To make matters worse, he realized he had inadvertently gotten too close to the man. With only about 10 feet separating them, he was acutely aware that he wouldn’t have


36 The Police Marksman Sep-Oct 2014


Rusk’s Father = Father


Michael


time to secure his Glock in his holster if Rusk suddenly rushed him. If Rusk had any sense at all, he would realize Shemenski’s vulnerability to a disarming, and for Shem- enski to assume otherwise would be danger- ously foolish. Despite his concerns about the probable legal consequences of shooting any unarmed man, he feared he would be forced to shoot. Still, his only other alterna- tive would be to put himself at grave risk of being disarmed. It was a tough position to be in.


“Get down on the ground!” Shemenski shouted.


Rusk just stood there without saying a word, apparently oblivious to Shemenski’s command.


“Get down on your belly!” Shemenski repeated, “Do it now!” T ough not openly hostile, Rusk didn’t


seem to be taking the situation very seri- ously. Half-heartedly, he sluggishly lowered himself to the ground, but then sat down, drew his knees up toward his chest, and rested his forearms across them. “Prone out, damn it!” Shemenski com- manded again, “Get down on your stomach.” Again, Rusk only half complied. Slowly, he leaned back onto the ground and then spread his arms out to his sides as if on a cross. But Shemenski persisted and after several more commands, the man fi nally rolled over onto his stomach.


With his adversary now under a reason- able degree of control, Shemenski tried to call for backup before approaching him, but he couldn’t get through to the dispatcher on his portable radio. Frustrated, he moved for- ward, cuff ed the man, patted him down for weapons, and checked him for wounds. “Are you hit anywhere?” he asked.


“No. I don’t think so,” Rusk answered in an apathetic tone of voice. “Any injuries at all?” “Nope. I’m fi ne.”


“What the hell were you thinking? Why’d you do it?”


“Just drunk, I guess,” Rusk answered in a www.policemarksman.com


Driveway


Sidewalk


Driveway


Driveway


Sidewalk


Driveway


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