The Changhua County Prosecutors’ Office has decided not to indict a police officer on charges of negligence leading to death on the grounds that it was reasonable for the officer to use his firearm in self-defense during a life-threatening situation.
The victim, surnamed Yang (楊), 39, was pronounced dead during emergency hospital treatment in May last year, due to a loss of blood from a gunshot wound to his abdomen fired by a Changhua County police officer surnamed Tsai (蔡).
Yang had been convicted of narcotics offenses and received a six-year prison term, although he had yet to serve his sentence.
Photo: Chen Kuan-bei, Taipei Times
The public prosecutor said in a filing that Yang was riding a scooter with a friend surnamed Chang (張) and sped off after an officer tried to flag him to stop at a police spot-check at an intersection in Changhua’s Tienwei Township (田尾).
It was due to his fear that he would be arrested and have to serve his six-year prison sentence that Yang did not stop, Chang said when giving testimony.
Yang was quickly pursued by Tsai and a fellow officer in a police cruiser, the report said.
Yang made a temporary stop at a small temple at the township’s Minsheng Road. Tsai stepped out of the cruiser and shouted at Yang and Chang to stop for an identification check, the report added.
“Yang did not stop, but accelerated toward Tsai. Seeing the scooter rushing toward him, Tsai pulled out his handgun and fired at the front wheel, but the bullet hit Yang,” the report said.
Yang tested positive for amphetamines, and could have been under the influence of the drug at the time of the incident, the report said.
The case was sent for review by a Ministry of the Interior police panel. The investigation concluded that Tsai faced a life-threatening situation and acted in self-defense.
“Although Yang died as a result of the shooting, the officer conformed to conditions for police to use firearms in the line of duty,” the panel said.
It recommended that the charges against Tsai be dropped, the report said.
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