http://legalinsurrection.com/2014/08/did-mo-law-allow-for-deadly-force-arrest-of-mike-brown/
This discusses the MO police officer's use of deadly force statutes we've already seen, but toward the bottom also cites the specific jury instructions regarding the same given by the judge during a court trial:
"First, if the defendant was a law enforcement officer (making) (or) (attempting to make) a lawful arrest (or what he reasonably believed to be a lawful arrest) or [
name of victim] for the crime of [
name of crime] and the
defendant reasonably believed that use of force was necessary to effect the arrest of to prevent the escape of [
name of victim] and
Second, the
defendant reasonably believed that [name of victim] (was attempting to escape by the use of a deadly weapon) (or) (would endanger life or inflict serious physical injury unless arrested without delay) [emphasis added], and the defendant reasonably believed that the use of deadly force was immediately necessary to effect the arrest of [
name of victim], then the defendants use of force was lawful.
The state has the burden of proving beyond a reasonable doubt that the defendant was not entitled to use force as a law enforcement officer. Unless you find beyond a reasonable doubt that the defendant was not entitled to use force as a law enforcement officer against [name of victim], you must find the defendant not guilty (under Count ____).
As used in this instruction, the term serious physical injury means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body."
