Use of deadly physical force by peace officer

(1) A peace officer may use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to the peace officer or to a third person and the use of deadly physical force is necessary to: (a) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a violent felony; (b) Defend the peace officer or a third person from the imminent threat of death or serious physical injury; or (c) Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a violent felony. (2) Prior to using deadly physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall: (a) Consider alternatives such as verbal de-escalation, waiting, using other available resources and techniques if reasonable, safe and feasible, or using a lesser degree of force; and (b) Give a verbal warning to the person that deadly physical force may be used and provide the person with a reasonable opportunity to comply. (3) Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer constituting an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody. (4) As used in this section, “violent felony” has the meaning given that term in ORS 419A.004.