Breinholt Should not have been Killed by Police

    If he didn't, Salt Lake County District Attorney Sim Gill should cite the law that allowed police to kill a handcuffed, and surrounded by police Chad Breinholt two years ago.

   "If you're asking me to take off my district attorney hat, I can take it off. And do I feel morally comfortable in the way this ended up here, that there were other ways this could have been averted? Yes," Gill said. "As a citizen, do I think his death could have been averted? Yes."

   "But," Gill said a little later, "The law is very clear." 

   If it is clear, cite it. Quote it. Tell us what the law says that makes it acceptable for police to kill a man at police headquarters in a holding cell, a man handcuffed and surrounded by police. They say Breinhold got his hand on an officer's gun. Now, there is a law that says that if you believe your life is being endangered, you can kill the other person. It doesn't say that your life has to actually be endangered; It says you only need to believe it endangered. Thus, to get off the hook, all you need to do is say you feared for your life. Nobody can question you. Nobody can second-guess what you say. It's your call. The law is clear that if you say you feared for your life, that's it: That's the end of it. 

   "You are about to die, my friend," one of the officers says just before the fatal shot is fired. If someone (Breinholt) has your gun and is set to pull the trigger on you, you don't have time to first announce, "You are about to die, my friend." You shoot at the very second you see the danger, having no time for announcements.

   The video cam shows officers treating Breinholt roughly before the shooting. If you are being treated in an ill fashion, it is natural to try to fight back, to defend yourself. If Breinholt did do anything to try to defend himself, that would be natural. Yes, something is wrong with a system that allows officers to mistreat prisoners, to drive them to a point that they feel they must try to defend themselves.

   And, then to shoot them dead if they try.

   West Valley City has applauded Gill's decision. We, as citizens of this community, should be outraged. We should demand that our leaders not condone such actions by their officers, but instead work to root out such conduct. If the city's leaders speak appreciative of the killing and treatment of Breinholt, that does not speak well of the chances for change.