Charges against trooper in Ricky Cobb II killing hinge on use of force; should expert have been consulted?
MINNEAPOLIS — The charges against Minnesota State Trooper Ryan Londregan in the shooting death of Ricky Cobb II allege the deadly force he used was not reasonable given the situation.
It's a similar use of force argument used in many instances of law enforcement officers being charged with a crime. The legal precedent comes from the 1989 Supreme Court ruling in Graham v Connor, which created a standard of "objective reasonableness" in situations involving use of force.
Hennepin County Attorney Mary Moriarty said prior to her office receiving the investigation from the Bureau of Criminal Apprehension in September, they had identified a use of force expert to potentially assist them in their own investigation.
When the office filed charges Wednesday, Moriarty said she and her office ended up not needing the help.
This drew complaints from law enforcement groups and Londregan's attorney, who said in a statement Thursday, "Hennepin County criminally charged Trooper Londregan without a use-of-force expert—where his freedom is at stake. It's absolutely astonishing."
"I would challenge the notion that a use of force expert wasn't consulted in this case," said former Ramsey County Attorney Susan Gaertner. "As was seen in the complaint, a lead training person for the state patrol was consulted. That lead trainer is presumably expert in his or her field."
READ MORE: Ricky Cobb II's family speaks out after trooper charged in his death
Gaertner says not using the guidance of a use of force expert during the investigation process won't stop the prosecution from calling one to the witness stand during trial.
"That is something – those expert's opinions, is something that the jury can and will take into account," she said.
Still, the decision not to bring in an expert during the investigation could be used against the prosecution, says former Duluth police chief and current peace officer instructor Mike Tusken.
"I wouldn't be surprised if that doesn't come up at some point in a trial when they're working on a defense," Tusken said. "When it gets into the specifics of use of force, you want to have someone who's an expert – who spent a lot of time understanding use of force, understanding case law, multiple reviews, has gone to multiple symposiums with use of force experts…. You're never going to regret having more information than less."
"The ultimate question of whether or not use of force is reasonable is a question for the jury," Gaertner said. "Ultimately, it's the jury's question to answer—was the force reasonable?"
