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“Of course she deserved to be raped by my client!”

I guarantee you that Officer Rauff’s defense will not start with “What did the perp think would happen ....?”

The Felony Murder charge is a reach, but regarding Mr. Brooks as “a perp” is exactly why Officer Rauff finds himself in his current legal predicament.

Brooks was not fleeing from an armed robbery or home invasion. It was a ticky tack DUI arrest involving an unarmed person asleep in a Wendy’s parking lot, who had been fully compliant for 40 minutes until being cuffed. During the scuffle, Brooks made no attempt to grab either officer’s firearm.

Brooks was running away with the taser belonging to the other cop who had twice used it on Brooks.

Rauff had his taser in his hand as he gave chase. He did not use it. Instead, Rauff drew his firearm and fired 3 shots, striking Brooks twice in the back.

To the extent the defense is that deadly force was justified in a swiftly unfolding scenario against a man who had just overpowered two officers and was firing a taser gun at the cops giving chase, ... go for it.

Would not recommend a cavalier approach of “what did the perp think would happen ...” as it is the quickest way to a bad outcome for the defendant.