Originally Posted by MDJschool
Chermansky is not the be-all and end-all to shooting some probable forcible felon. I suspect that "and his arrest cannot be effected without killing him" has been developed in the meanwhile, as to the point that 'cannot be effected' is reached. Anyone put into the position is going to be subjected by the prosecution to the findings of US and other states' courts anyway, so it is probably advisible to not shoot people on the basis that 'he runs a bit faster than I do.'
I do not disagree. There are certainly other factors to consider. Like, is the perp likely to harm another in his efforts to flee? Is he likely to harm another in the commission of another crime afterwards? Can you prove without a doubt that the crime you are pursuing him for is one of the enumerated offenses? Do you have a large bankroll to pay for a defense? Do you live in a "blue" area of the state? Is your DA anti-gun? Are the police hot on the scene, and likely to catch him before he harms another or gets away?
But if the stars are in alignment - you can legally use deadly force on a fleeing felon of those enumerated crimes in PA. The mistaken reference to Gardner is a civil limitation on police powers, not on the state's power to regulate common law civilian arrests.
Pop a fleeing felon in Philly and you may be thrown in lockup for life. Shoot a fleeing felon in Podunk, PA and you may get a critiquing of your grouping by the police, the key to the borough, and a parade in your honor.