EspañolLAPD Officer Faulted For 2022 Shooting Of Unarmed, Mentally Ill Air Force Veteran
LOS ANGELES, CALIFORNIA (July 1, 2023) – An LAPD officer broke department policy when he shot a mentally ill man from inside his police cruiser in Leimert Park.
That was the determination of LAPD’s civilian oversight panel. Jermaine Petit was walking through Leimert Park when he was confronted by an officer.
The police officer told the victim to drop his gun. It was at this point that the Air Force veteran told the officer that he didn’t have a gun.
Jermaine Petit was holding an auto body part. A second officer opened fire through his patrol vehicle and struck him from behind.
Paramedics were called to the scene in order to help the victim who was taken to the hospital. The auto body part he was holding was recovered at the scene.
Jermaine Petit has struggled with post-traumatic stress disorder and schizophrenia following his time in the military. An investigation into the Leimert Park shooting remains ongoing at this time.
Liability For Los Angeles Police Department Shootings
Far too many people are killed or seriously injured every year in LAPD shootings. According to reporting by the Los Angeles Times, “LAPD officers shot 27 people, killing seven, in all of 2020, and shot 26 people, killing 12, in 2019, The Times reported. Officers shot 33 people in 2018.” The Los Angeles Times has reported that roughly a third of the more than 30 people shot by the LAPD were suffering from a mental illness at the time. PBS has estimated that people suffering from a mental illness were more than 16 times more likely to be killed in a police shooting than the general population. There are several steps that police departments should take to avoid harming mentally ill suspects. These policies are outlined in California’s Peace Officer Standards and Training (“P.O.S.T.”). Officers must:
- Request backup
- Calm the situation
- Avoid physical contact
- Determine if the suspect is taking medication
- Acknowledge the suspect’s feelings
- Not make any threats
When a police officer fails to follow safety rules set by their employer, this could form the basis of a negligence claim. See, for example, Grudt, 468 P.2d at 831 (citation omitted); see also People v. Brown, 245 Cal. App. 4th 140, 171 (Ct. App. 2016). The decision to use lethal force is never one that should be taken lightly by officers. It should always be a measure of last resort. According to California Penal Code 835a. (1), lethal force should only be used when it is deemed reasonably necessary to protect human life. As outlined by the statute, every person in California has the right to be free from the use of excessive force that is carried out under the color of law.
California courts have found police departments liable when their officers fail to follow procedures for dealing with mentally ill suspects. See, for example, Tabares v. City of Huntington Beach (9th Cir., Feb. 17, 2021, No. 19-56035) 2021 WL 609854. A Huntington Beach police officer encountered Dillan Tabares who was suffering from a mental health crisis. After a brief conversation which led to an altercation, the officer opened fire and fatally shot Mr. Tabares. Attorneys for Mr. Tabares family argued that the officer failed to follow department policies for dealing with suspects suffering from a mental illness. The city eventually reached a settlement with his family. It’s important that numerous actions are taken after any police shooting.
- Body cam footage from all officers involved should be reviewed.
- Eye witnesses should be interviewed.
- The conduct of all officers leading up to the shooting should be understood.
- An experienced civil rights attorney should be consulted.
It can be hard to know where to begin after any police shooting. To make matters worse, the police department involved in the shooting will typically blame the victim for what happened. Any person that is injured due to the excessive force of Los Angeles Police Department officers may have legal recourse through a civil rights claim. Damages in a civil claim can help cover many of the expenses that often come with a serious injury.
Investigating Los Angeles Police Department Excessive Force Claims
We at the Carrillo Law Firm, LLP extend our best wishes to all of the people who have been harmed by the actions of the LAPD. It is our sincere hope that there is greater oversight and accountability for all of these use of force incidents. The civil rights of every Californian need to be protected.
Have you or someone that you care about been injured due to the excessive force of the LAPD? There are a number of laws designed to protect your rights. Our team of civil rights attorneys are committed to holding the LAPD accountable for their actions. We care deeply that our clients are treated fairly and compensated for their injuries. 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.
