In the afternoon of April 28, 2016, Harris County Texas Officer Roberto Felix initiated a traffic stop of Ashtian Barnes due to a report by the Toll Road Authority that the license plate number on his vehicle had outstanding toll violations. When asked for proof of insurance, Barnes explained that the car had been rented a week earlier by his girlfriend and the documentation might be in the trunk. The officer claimed he smelled marijuana and ordered Barnes to open the trunk. A few seconds after Barnes opened the trunk, the car’s blinker toward the side of the Tollway to which Barnes pulled over turned off for about ten seconds. Once the same blinker turned back on, Felix shouted at Barnes not to move, stepped onto the door sill where the driver-side door was open, and shoved his gun into Barnes’s head. At that point, the car started to move, and Felix fired two shots into the car, killing Barnes.
Barnes’s parents filed a lawsuit arguing that Barnes did not pose a threat justifying deadly force, especially in light of the fact that Felix jumped onto the car, but the trial court dismissed the case, concluding that Felix’s use of deadly force was “presumptively reasonable,” because the moment of threat occurred when Felix was hanging onto the moving vehicle and feared for his safety. The Fifth Circuit Court of Appeals affirmed the dismissal under its moment-of-threat doctrine.
Angela M. Liu, Peter J. McGinley, Christopher J. Merken, Steven Oberlander, Shane Sanderson, and Luke D. Yamulla of Dechert LLP advanced the arguments in the Barnes v. Felix amicus brief.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
This press release is also available at www.rutherford.org.
Source: https://tinyurl.com/4p3xrkej
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