First: That the defendant deprived the victim of a right secured by the Constitution or laws of the United States by committing one or more of the acts charged in the indictment;
Second: That the defendant acted willfully, that is, that the defendant committed such act or acts with a bad purpose or evil motive, intending to deprive the victim of that right; and
Third: That the defendant acted under color of law.
Fourth: That died as a result of defendant’s conduct.The indictment charges that the defendant deprived the victim of the right to be free from unlawful deadly force by law enforcement officers when lawfully being seized [arrested], in violation of the Fourth and Fourteenth Amendments. You are instructed that this right is one secured by the Constitution of the United States. A defendant’s use of deadly force against a fleeing felony suspect is constitutional only if the officer had probable cause to believe that the suspect posed a significant threat of death or serious physical injury to the officer or others.
August 19, 2014 at 10:45 AM EDT