Chief’s Counsel: Mistaken Use of Firearm instead of Electronic Control Weapon

What are the legal implications when an officer reaches for an electronic control weapon (ECW), such as a Taser, intending to subdue a suspect, but mistakenly grabs a firearm instead and unintentionally shoots the suspect? Although this unfortunate event is uncommon, courts have now had the opportunity to address officers’ mistaken use of a firearm when they intended to use an ECW.