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Officer Involved Shooting
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OIS2013.006|JUNE 23, 2013|SAPD 13-17495
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As the California Court of Appeal held in a recent case: <br />"Unlike private citizens, police officers act under color of law to protect the public interest. They are <br />charged with acting affirmatively and using force as part of their duties, because the right to make an <br />arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion <br />or threat thereof to effect it. Police officers are, in short, not similarly situated to the ordinary battery <br />defendant and need not be treated the same . In these cases, then, the defendant police officer is in the <br />exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater <br />use of force than might be in the same circumstances required for self-defense .... ''The test is highly <br />deferential to the police officer's need to protect himself and others .... <br />"The question is whether the officers' actions are "objectively reasonable " in light of the facts and <br />circumstances confronting them, without regard to their underlying intent or motivation. In calculating <br />whether the amount of force was excessive, a trier of fact must recognize that peace officers are often <br />forced to make split-second judgments , in tense circumstances , concerning the amount of force <br />required .... <br />"We must never allow the theoretical, sanitized world of our imagination to replace the dangerous and <br />complex world that policemen face every day. What constitutes 'reasonable' action may seem quite <br />different to someone facing a possible assailant than to someone analyzing the question at leisure." <br />Brown v. Ransweiler (2009) 171 Cal.App.4th 516, 527-528. <br />LEGAL ANALYSIS <br />In order for Officer Ayala or Officer Esquivel to be justly and lawfully charged and convicted of a crime in this incident, it <br />is the prosecution's burden to prove beyond a reasonable doubt that the officers did not act in reasonable and justifiable <br />c;elf-defense or defense of others when they shot at Gonzalez. <br />As applicable to the facts in this case, the justification of self-defense or defense of others has several legal elements : <br />1. Officer Ayala and Officer Esquivel actually believed themselves or others to be in imminent danger of being <br />killed by Gonzalez; <br />2. Officer Ayala and Officer Esquivel reasonably believed that the immediate use of force was necessary to <br />defend themselves or others against Gonzalez; and <br />3. Officer Ayala and Officer Esquivel used no more force than was reasonably necessary to defend themselves <br />against the danger posed by Gonzalez. <br />We will analyze these elements in turn. <br />1) Actual Belief in Necessity of Self-Defense <br />The question here concerns the officers' state of mind -did Officer Ayala and Officer Esquivel actually believe that <br />Gonzalez posed a danger to themselves or to others? In his statement to investigators, Officer Ayala said that he shot <br />bullets toward the garage near Gonzalez because he saw that Gonzalez was holding what looked like a semiautomatic <br />weapon, he recognized her as a wanted person for a recent homicide , and he was standing in an open alley in close <br />range to Gonzalez and her weapon. He stated that, given his proximity to Gonzalez and her apparent weapon , he <br />feared for his life . <br />Officer Esquivel told investigators that the combination of hearing Officer Ayala shout in a scared tone, seeing Officer <br />Ayala fire his weapon , and seeing Gonzalez walk out into the street like she was "going after" Offi cer Ayala caused him <br />'' believe that Officer Ayala was in a life-threatening situ ation. These facts sufficiently in dicate tha t Officer Ayala <br />.Jually believ ed his life was in danger and that Officer Esquivel believed Officer Ayala's life to be in danger. <br />9
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