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Controversial deadly force

Since Charlie Beck became LAPD chief, the Police Commission has found officers in eight cases violated the department’s deadly force policy. In all but two cases, Beck either did not impose any punishment or gave the officers a reprimand. Below are summaries of the incidents with links to the commission’s findings.

Document: Document: Police Commission reports on deadly force | Story: Story: Rift appears between Beck and Police Commission over discipline

Controversial deadly force
Man holding an object threatens a woman
Armed-robbery suspect stopped in San Fernando
Unarmed, learning-disabled man
Opossum in backyard
Late-night altercation
Armed-robbery suspects pulled over in South L.A.
Suicidal man with a knife resists arrest
Officer road rage

Man holding an object threatens a woman

On Aug. 30, 2010, Officer Shane Bua responded to a call of an assault by a man possibly armed with a gun. Bua came upon the suspect banging on a woman’s car window with an object. Bua said he believed the object was a gun and that the man was about to shoot the driver of the car. He fired repeatedly at the man, eventually killing him at close range. The object was a small, souvenir bat from Dodger Stadium.

Chief recommends:

In policy

 Police Commission rules:

Out of policy because the bat “could not have been reasonably mistaken for a gun.”

 Chief's decision:

No discipline

Armed-robbery suspect stopped in San Fernando

On June 29, 2010, Det. Donald Walthers was involved in pulling over an armed-robbery suspect. Walthers fired a shotgun six times after he and other officers said the suspect pointed a gun at them. The suspect, who was armed, was wounded critically.

Chief recommends:

In policy

 Police Commission rules:

Out of policy because the suspect no longer presented “an imminent threat” when Walthers fired the final three shotgun blasts.

 Chief's decision

Reprimand

Unarmed, learning-disabled man

On March 10, 2010, Officers Allan Corrales and George Diego drove up next to a man walking alone on a street to investigate what they said was a suspicious noise. The officers alleged the man made threatening movements that led them to believe he had a gun. Corrales claimed the man pointed an object at him that he believed was a gun. Corrales, firing once from the patrol car, killed the man. Diego also fired. The man, who suffered from a learning disability, was unarmed and had nothing in his hands.

Chief recommends:

In policy

 Police Commission rules:

Out of policy for both officers because “the evidence supported the conclusion that [the man] was not armed and…did not engage in any conduct that posed a threat warranting the use of lethal force.”

 Chief's decision:

‘Conditional reprimands’ – warnings that the officers would be punished if they are found to misuse deadly force again.

Opossum in backyard

On March 10, 2010, while off-duty, Det. James Mylonakis fatally shot an opossum in his backyard, claiming that he and his dog “were in immediate, imminent danger” and that he needed to kill the animal “to prevent great harm.” The opossum weighed about 3.5 pounds and the dog weighed 45 pounds.

Chief recommends:

Out of policy

 Police Commission rules:

Out of policy because the officer’s claims about the opossum were “not objectively reasonable.”

 Chief's decision:

No discipline

Late-night altercation

On Sept. 12, 2009, while off-duty, Officer Wilmer Montes left a bar and allegedly got into an altercation with three men. Once in his car, Montes said, he fired his gun out the window after one of the men punched him through the vehicle’s window. No one was hit.

Chief recommends:

Out of policy

 Police Commission rules:

Out of policy

 Chief's decision:

When the commission ruled on the shooting, Montes already had been fired for other misconduct related to the shooting.

Armed-robbery suspects pulled over in South L.A.

On Aug. 6, 2009, Dets. Jeff Nolte and Donald Walthers - the same detective from the June 2010 shooting - stopped a vehicle of armed-robbery suspects. The detectives fired on the car when, they said, one of the suspects pointed a gun at them. One person was killed and two others suffered gunshot wounds. The suspect who allegedly pointed the gun at the detectives was not injured. A gun was found in the car’s glove compartment, although the suspects claimed it was in the compartment throughout the incident.

Chief recommends:

In policy

 Police Commission rules:

Out of policy for Nolte because the “evidence did not support” his claim that he had fired after observing the suspect turning toward officers with the gun; Out of policy for Walthers, who fired a shotgun six times, because the evidence showed Walthers kept firing after the suspect had dropped his weapon.

 Chief's decision:

Reprimand for both officers

Suicidal man with a knife resists arrest

On April 6, 2009, officers responded to a suicidal man wielding a large knife. The man endured several Taser strikes while leading police on a foot pursuit. When the man stopped running and with several police officers standing about 40 feet away, Sgt. Russell Graybill intentionally hit the man with his patrol car. Graybill said he feared the man was about to attack the officers.

Chief recommends:

Out of policy

 Police Commission rules:

Out of policy because the man did not pose an immediate threat.

 Chief's decision:

No penalty (A commission report noted that it appears Graybill was let off without any punishment by a lower-ranking commander and that Beck was not made aware of the decision until the discipline case had been closed.)

Officer road rage

On March 22, 2009, Officer Ramon Zepeda was off-duty and driving with his wife and young child in the car. Zepeda was rear-ended by another car and chased after the driver at high speeds. Eventually, the other driver did a U-turn and began driving toward Zepeda, who had exited his car. Saying later that he was afraid of being running over, Zepeda fired once as the car approached and twice more after it passed him. No one was hit.

Chief recommends:

Out of policy

 Police Commission rules:

Out of policy for Zepeda’s “unreasonable decision.”

 Chief's decision:

15-day suspension
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