The Ferguson, Missouri, police officer who shot and killed an unarmed Michael Brown had legitimate reason to fear for his life, and acted properly in firing his weapon until Brown fell, former New York City Police Commissioner Bernard Kerik told "MidPoint" host Ed Berliner on
Newsmax TV on Wednesday.
Security consultant Kerik said that based on his own following of the case, "I believe that he was in fear of his life," and that the officer, Darren Wilson, "used the force necessary to effect an arrest, or stop the circumstance, and he was justified in what he did."
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Wilson, who was spared indictment on Monday by a Missouri grand jury investigating Brown's death, spoke publicly about the Aug. 9 shooting in an ABC News interview that aired Tuesday.
Wilson said that he followed his training in a life-threatening confrontation and that he has a "clean conscience."
The grand jury's ruling was met with another round of violent protests in Ferguson, with two dozen commercial buildings either gutted or partly burned on Monday night amid looting and reports of scattered gunfire.
Some supporters of Brown have disputed jurors' conclusions or questioned the entire process, and argue that Wilson, who is white, needlessly killed the 18-year-old black Ferguson resident in an encounter that began as an exchange of words.
Kerik said that he saw "nothing wrong" with the local prosecutor's decision to have a grand jury receive evidence and decide. If prosecutorial bias is an issue, said Kerik, an official higher up — such as a state attorney general or governor — has authority to intervene and appoint an independent prosecutor.
Kerik also discussed the fear factor. Wilson testified to grand jurors that he became afraid as the altercation with Brown escalated.
"If you're a human being, you have fear," said Kerik, adding, "There are things you will be afraid of, and cops are not supermen. They're not made of steel, and they can be overpowered."
"It happens," he continued, "and every cop that wears a shield and carries a gun, or every federal agent or every state trooper, they understand that. They know that.
"The worst thing that can happen to you is, in a physical confrontation, you can be overcome by somebody that's more powerful than you," said Kerik. "That person takes your gun and kills you with it."
Wilson testified that he and Brown struggled for his gun through the window of the police cruiser before the confrontation spilled out of the vehicle and into the street. Wilson said Brown then charged, and Wilson fired several rounds until Brown collapsed to the pavement.
"You shoot to stop," said Kerik, describing standard police procedure once an officer employs deadly force. "That's what you shoot for. You don't shoot to kill; you don't fire warning shots."
"I can only imagine that he fired until he stopped the threat," said Kerik. "When that threat was stopped, he stopped firing."
Kerik said Brown met the definition of "threat."
"He committed a strong-arm robbery," said Kerik. "He assaulted a cop. He attempted to take his gun, from what I understand, and then even after being fired at and shot, he returned back and charged the officer again. OK, that is not an innocent child."
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