Please ensure Javascript is enabled for purposes of website accessibility
California Closer to First-in-US Rules on Police Shootings
gvw_ap_news
By Associated Press
Published 6 years ago on
April 9, 2019

Share

SACRAMENTO — A grieving mother choked up as she questioned why police didn’t use other tactics instead of killing her son. A deputy recalled the terror of second-guessing herself as she traded fire with a suspect who killed her partner.

“It’s time to make clear that the sanctity of human life is policing’s highest priority. [The proposal] is designed to change the culture of policing in California.” — Democratic Assemblywoman Shirley Weber of San Diego
The emotional testimony Tuesday came before California lawmakers advanced a first-in-the-nation measure restricting when police can use deadly force, one of two radically different legislative proposals seeking to cut down on deadly shootings in the nation’s most populous state.
The measure faces a tougher fight in the full Assembly. Even some supporters on the public safety committee said it goes too far and will require changes as lawmakers try to balance the safety of officers and those they’re tasked with protecting.
Last year’s police shooting of unarmed vandalism suspect Stephon Clark in Sacramento inspired the legislation that would allow officers to kill only if there is no reasonable alternative, such as verbal persuasion or other non-lethal methods of resolution or de-escalation.
“It’s time to make clear that the sanctity of human life is policing’s highest priority,” said Democratic Assemblywoman Shirley Weber of San Diego, adding later that her proposal “is designed to change the culture of policing in California.”
The committee’s chairman, Democratic Assemblyman Reggie Jones-Sawyer of Los Angeles, said a tougher standard will do little good without buy-in from law enforcement organizations.
Those groups are supporting a different plan, which is also before lawmakers, to require that every department have policies on when officers should use de-escalation tactics and other alternatives to deadly force.

Escobedo Says That Los Angeles Officers Could Have Used Other Tactics

Weber’s measure got party-line support. The eight-member panel’s two Republicans opposed the measure they said could make officers hesitate for a fatal second if they have to consider alternatives to lethal force.
That’s what Sacramento County Deputy Sheriff Julie Robertson faced. She testified how her partner, Mark Stasyuk, died last fall during a gunfight and she hesitated as the suspect shot at her with only his back exposed.
“I recall in that moment thinking that if I were to shoot him in the back, I would be the next officer in the news being scrutinized for my actions,” Robertson said. “The thought of having to second-guess my actions in that moment is frightening. … This bill makes me wonder if sacrificing everything is worth it.”
Elizabeth Medrano Escobedo told lawmakers that Los Angeles officers could have used other tactics instead of killing her son, Christian Escobedo, last year. Police said he was sleeping behind a parked car with a loaded handgun.
“This bill can save mothers from grieving the loss of their children, which is what I’m experiencing right now,” Medrano said, choking up.
Ciara Hamilton testified how Barstow police killed her cousin, Diante Yarber, last year after they said the car theft suspect hit two squad cars and nearly struck an officer. His family says the car was barely moving and that Yarber, who was black, might have lived had officers provided immediate medical attention.
“What does that tell us about policing in California and America? It’s that black and brown people are not safe from state-sanctioned violence,” Hamilton said.
The debate resonated personally for lawmakers.

Law Enforcement Groups Plan to Amend the Legislation

Democratic Assemblywoman Sydney Kamlager-Dove of Los Angeles tearfully recounted finding four officers in her home responding to a false burglar alarm last fall. They treated her respectfully, yet Kamlager-Dove, who is black, said she started shaking and crying.
“And I realized I was crying because I was afraid. I didn’t want to make any sudden movements,” she said.

“When peace officers are placed in a position to where they feel like they have to use deadly force, no one can really understand that unless you’ve been in that position.” — Republican Assemblyman Tom Lackey of Palmdale
Kamlager-Dove broke down as she urged police organizations and reformers to reach consensus “because this hurts. … I don’t want any of us to live in fear.”
Republican Assemblyman Tom Lackey of Palmdale, who spent 28 years as a highway patrolman, recalled how a fellow officer killed someone in the line of duty and eventually ended his own life.
“When peace officers are placed in a position to where they feel like they have to use deadly force, no one can really understand that unless you’ve been in that position,” Lackey said.
Plumas County Sheriff’s Deputy Ed Obayashi, a use-of-force expert, called Weber’s measure “an exercise in legal futility” because he predicts judges will interpret the language the same way they do court rulings. Prosecutors would have to prove an officer was criminally negligent, which carries a high legal burden.
Weber acknowledges officers would have to egregiously violate a policy to face charges but expects the standard would deter shootings.
A Senate committee is expected to consider a police-backed alternative in two weeks. That measure would enshrine court standards into law, allowing officers to use deadly force when they have a reasonable fear of being harmed. The standard has made it rare for officers to be charged and rarer still to be convicted.
Law enforcement groups plan to amend the legislation “to ensure that we are truly putting forward the most comprehensive legislative solution to effectively reduce the use of force in our state,” California Police Chiefs Association president Ron Lawrence said.

DON'T MISS

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

DON'T MISS

North Korean Leader Says Past Diplomacy Only Confirmed US Hostility

DON'T MISS

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

DON'T MISS

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

DON'T MISS

Automakers to Trump: Please Require Us to Sell Electric Vehicles

DON'T MISS

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

DON'T MISS

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

DON'T MISS

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

DON'T MISS

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

DON'T MISS

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

UP NEXT

What Will Happen to CNBC and MSNBC When They No Longer Have a Corporate Connection to NBC News?

UP NEXT

Major Storm Drops Record Rain, Downs Trees in Northern California After Devastation Further North

UP NEXT

Newsom Heads to Fresno, a County That Voted for Trump

UP NEXT

Conservative Professors and Students Are Beating CA Community Colleges in Court

UP NEXT

Thousands of University of California Workers Go on 2-Day Strike Over Wages, Staff Shortages

UP NEXT

Gavin Newsom Pledged to Release His Tax Returns Every Year. The Last One Was for 2020.

UP NEXT

California Governor Will Not Make Clemency Decision for Menendez Brothers Until New DA Reviews Case

UP NEXT

Fewer Kids Are Going to California Public Schools. Is There a Right Way to Close Campuses?

UP NEXT

California Voters Reject Measure That Would Have Raised Minimum Wage to Nation-High $18 Per Hour

UP NEXT

With Democracy Supposedly at Stake, California Voters Stayed Away in Droves

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

3 hours ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

3 hours ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

3 hours ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

4 hours ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

4 hours ago

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

5 hours ago

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

5 hours ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

5 hours ago

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

5 hours ago

Jussie Smollett’s Conviction in 2019 Attack on Himself Is Overturned

6 hours ago

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

NEW YORK — Pam Bondi, the former Florida attorney general, was chosen Thursday by Donald Trump to serve as U.S. attorney general hours after...

1 hour ago

1 hour ago

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

2 hours ago

North Korean Leader Says Past Diplomacy Only Confirmed US Hostility

2 hours ago

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

3 hours ago

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

President Joe Biden with Mary Barra, the chief executive of General Motors, at the Detroit Auto Show, Sept. 14, 2022. President-elect Donald Trump has promised to erase the Biden administration’s tailpipe rules designed to get carmakers to produce electric vehicles, but most U.S. automakers want to keep them. (Doug Mills/The New York Times)
3 hours ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

3 hours ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

4 hours ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

Former Florida Attorney General Pam Bondi, speaks before Republican presidential nominee former President Donald Trump arrives to speak at a campaign rally at First Horizon Coliseum, Saturday, Nov. 2, 2024, in Greensboro, NC. (AP/Alex Brandon)
4 hours ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

Help continue the work that gets you the news that matters most.

Search

Send this to a friend