Imagine that you are prosecutor in the Public Integrity Unit of the Bazalia County Prosecutor’s Office. Your supervisor assigns a case to you for evaluation. You are to review the facts and report back to your supervisor as to whether you recommend charging the police officer involved. Your supervisor and the case file provide the following information, in summary: Officer Joe Rough responded to a domestic violence call in the city of Garth, in Bazalia County. Officer Rough was a new police officer, having recently completed Field Training, and currently working in the probationary phase. On the date in which he responded to this call, he was riding in a solo car for the second day. When he approached the home, he was met by a hysterical woman, on the driveway, claiming to be the victim of a domestic battery at the hands of her husband, who she claimed was inside the home, drunk, and extremely agitated. Officer Rough learned that the husband had access to a handgun located in the home, and that this handgun was properly registered in the alleged victim’s name. The alleged victim appeared to have several cuts and minor bleeding in her facial and neck area. While officer Rough was waiting for back-up officers to arrive, and the alleged victim was secured, the husband opened the front door, shouted out to Officer Rough in an agitated state, and took one step outside of the door, toward the police officer. Officer Rough ordered the husband to stop one time and immediately drew his weapon. When the husband did not obey the order, taking one more step in Officer Rough’s direction, Officer Rough discharged his weapon 4 times, striking the husband in the chest, severely injuring, but not killing, him. Later investigation revealed that the husband had nothing in his hands at the time of the shooting and was intoxicated. Further investigation revealed that, although unknown to Officer Rough at the time of the shooting, the husband had a history of violent encounters with the police, and with neighbors surrounding his home. He was known to drink frequently, and was currently on probation for an assault on a neighbor 6 months prior. Additionally, your office has learned that the alleged victim of the domestic battery, the wife, has recanted her account of the domestic battery. Using the 3 stage case evaluation process, recommend a charging decision to your supervisor. Should your office indict officer Rough for Attempted Murder?

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