The San Bernardino County District Attorney's office has found that Colton police officers were justified in shooting an unarmed man 13 times. According to the Press Enterprise, the officers fatally wounded the suspect after a high-speed chase on July 31, 2012, when the suspect allegedly reached for what the officers thought might be a weapon. A total of 20 rounds were fired at Trevor Michael Taylor, just 22 years old when he died, after he reportedly dropped his hands and leaned forward, contrary to instructions from the Colton officers. The DA's office apparently concluded the shooting was justified given the "totality of the circumstances."
The Use of Deadly Force
Under California law, police officers are given considerable leeway when it comes to the use of force against someone being arrested or detained. This is true even where the officer uses deadly force. The “reasonableness” of a particular use of force is judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. In general, the question is whether the officer's actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. However, the use of deadly force is only justified when a reasonable law enforcement officer would reasonably believe that there was an immediate threat to the safety of the officer or others at the time the force was used.
The Colton Police Department Shootings
The above case is not the first time that Colton officers have been involved in the shooting of a suspect, only to be cleared later by the District Attorney's Office. For example, a man involved in a fight outside of a Colton bar was shot by a Colton police officer once in the torso, even though the suspect apparently had no weapon. The District Attorney's Office cleared the officer of any wrongdoing. More recently, two officers who fatally wounded a 19-year-old carjacking suspect were cleared after the shooting. The suspect, David Romero, reportedly tried to run down the officers in a stolen van before he was shot in the head. According to an article in the Daily Bulletin, no charges were filed against the officers.
When a law enforcement officer involved in a shooting or other alleged excessive use of force is cleared by the District Attorney's office, it does not mean a successful civil rights claim cannot be pursued by the victim or their family.
If you or a loved one has been the victim of what you believe was excessive police force, contacting an experienced injury attorney may be the best way to determine whether your potential case can be pursued.
SOURCE: COLTON: Police justified in shooting unarmed man, DA says, the Press Enterprise, June 6, 2013, by Richard K. De Atley
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