EspañolSuspect Shot In The Back And Killed By Tulare Police Department Prompting Lawsuit
TULARE, CALIFORNIA (August 24, 2023) – A family in Tulare has filed a wrongful death claim after a man was killed following an encounter with the Tulare Police Department.
The incident took place around 3:15 p.m. on April 16. Body camera footage from one of the officers involved showed them pursuing a man who was running.
The suspect can be seen fleeing from officers before falling momentarily. As the man continued running he was shot multiple times in the back by a Tulare police officer.
He is then shot several more times by officers after collapsing on the ground. Paramedics were called to the scene near Bardsley Ave and Vetter Street.
Despite life-saving measures, the man died due to his injuries. He is survived by his wife and children. A full investigation into the incident remains ongoing at this time.
Liability For Tulare Police Shootings
Far too many people are needlessly injured or killed every year in California following encounters with law enforcement. According to the Prison Policy Initiative, “About 195 people die each year from interactions with California law enforcement. Gunshots are by far the most common cause of death: nearly 250 people are shot by police each year.” There are a number of measures that police departments in California should take to limit instances of deadly force involving their officers.
- Police officers should be trained to identify when a suspect is going through a mental health crisis.
- Police officers should be trained to de-escalate encounters with suspects.
- Police officers should understand when deadly force is and is not allowed.
- Police officers should have less-lethal alternatives to their firearms.
- All instances of police misconduct should be thoroughly investigated.
Police officers must use force only as a measure of last resort. Pursuant to California AB 392, “the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.” When a police department uses excessive force and kills a suspect, this could form the basis of a constitutional claim under 42 U.S. Code § 1983. Excessive force refers to force in excess of what an officer believes is reasonably necessary for a given situation. There are a number of situations when a police officer should not use additional force.
- Police officers should typically not shoot a suspect attempting to flee.
- Police officers should not shoot suspects that do not pose an immediate threat to officers or the public.
- Police officers should not shoot suspects that are complying with their commands.
- Police officers should not shoot suspects that have already been subdued or are otherwise incapacitated.
It can be hard to know where to begin after any police shooting. To make matters worse, police departments are rarely transparent about what happened. When they do investigate their officers, it is not surprising that they will regularly find that their officers have done nothing wrong. The family of any person that died in a police shooting may be able to pursue some measure of justice through a civil claim. It is very important that evidence is properly preserved after any suspected instance of excessive force.
Investigating Tulare Police Shootings
We at the Carrillo Law Firm, LLP extend our deepest condolences to all of the families who have lost someone at the hands of the Tulare Police Department. It is our sincere hope that steps are taken to prevent additional tragedies. Evading the police is not a crime punishable by execution. What happened in this instance is completely unacceptable.
Have you or someone that you care about been the victim of excessive force by Tulare police officials. Our team of civil rights attorneys are here to help in any way that we can. We care deeply that people are aware of their rights and that police departments are held accountable. Whether you just have legal questions or need a free, independent investigation into any incident we are here for you. You can reach out to us anytime at 626-799-9375.
