The parents of a man killed by police are understandably upset after finding out this week that the cop, officer Justin Schlabach, who shot their unarmed son, Timothy Mitchell, for walking toward him will have immunity in the lawsuit.
Mitchell's family sued Munising Officer Justin Schlabach, saying he used excessive force at the end of a chase in 2014.
According to TV6, in a 2-1 decision Wednesday, the appeals court said the officer had "probable cause" to believe Mitchell was an immediate threat after the man drove into a ditch. The court says dash-cam video shows Mitchell appeared hostile and took "long, purposeful steps" toward Schlabach.
However, the dashcam video shows no such hostility, only a man walking toward a cop.
There was one judge on the panel who dissented against granting the killer cop immunity. Judge Karen Nelson Moore noted that jurors should be able to conclude that Schlabach could have chosen another way to subdue Mitchell. And, when watching the video below, it is entirely clear that deadly force was not at all needed at that time.