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When Is It OK for State Troopers to Fire Their Weapon?

Following the release of video that shows a SC State Trooper shoot an unarmed man.
Image still from a dash cam video showing a confrontation between former trooper Sean Groubert and a man on Sept. 4, 2014

Columbia, SC (WLTX) -- Following the release of video that shows a South Carolina State Trooper shoot an unarmed man, News19 wanted to take a closer look at the Department of Public Safety's policies on when it is okay for a trooper to fire their department issued weapon.

Video of the shooting was released Wednesday night and has since gone viral on social media. It shows 31-year-old Sean Groubert firing at 35-year-old Levar Jones during a seat belt violation stop.

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Previous Coverage:Video Released of Trooper Involved Shooting

Groubert has been charged with a felony in the case, and in firing him, South Carolina Public Safety Director Leroy Smith said Groubert violated policy.

The SC Department of Public Safety policy on use of force is 5 pages long. According to those guidelines an officer must consider:

  • Whether the suspect poses an immediate serious threat to the safety of the officer or others;
  • The severity of the crime committed; and
  • Whether the suspect is physically resisting arrest or merely attempting to evade arrest by flight.

The policy goes on to describe incidents when officers may use authorized firearms in performing their duties. It reads: "in situations where the officer has reasonable belief that deadly force is justified... there is a high probability of striking the intended target and the discharge poses no substantial risk to the safety of other officers or innocent bystanders."

Included in the document are guidelines and restrictions on an officer's use of force.

  • Officers shall use only the level of force necessary to accomplish lawful objectives.The use of force must be discontinued when it becomes apparent to the officer that the force is no longer needed or the use of force poses a threat to innocent bystanders.
  • An officer may use deadly force against persons only where the officer reasonably believes such action is in defense of human life or in defense of any person in immediate danger of serious physical injury or death.
  • Officers shall provide or arrange for appropriate medical assistance for persons against whom force was used​​.

Former trooper Sean Groubert was also involved in a previous incident where he shot a suspect. In that 2012 case, investigators found Groubert acted properly and he was later awarded the Honor of Valor by the Department of Pubic Safety.

News19 asked ​DPS about policies regarding the programs that officers must undergo after shooting a suspect. They say troopers are mandated to go through a Critical Incident Stress Debriefing, which includes a stress management program. They are also offer a three-day Post Critical Incident Seminar. Other members of law enforcement, mental health professionals, and chaplains are facilitators in the seminar. A DPS spokesperson confirms to News19 that Groubert attended both the seminar and the stress debriefing following the 2012 incident.

After a trooper completes the programs, the trooper is evaluated by the DPS director who ultimately decides if the trooper can return to active duty.

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