governing how and when officers are permitted to use deadly force — the latest development in a long-running legal battle over the murder prosecution of former city police officer Ryan Pownall.
“Doing as the DAO asks ... would essentially criminalize conduct the General Assembly has deemed noncriminal,” wrote Justice Kevin Dougherty. Without suggesting any remedy or potential penalty, Dougherty criticized nearly every step of the prosecution so far, saying Krasner’s office had not properly instructed grand jurors about the law when the panel was deciding whether to charge Pownall; went to “disturbing” lengths to prevent Pownall from; and then, before trial, sought to “rewrite the law and retroactively apply it to Pownall’s case.