EspañolCalifornia Department of Justice Investigating Fatal Tulare Police Shooting
TULARE, CALIFORNIA (June 14, 2023) – A man has tragically died following a Tulare police shooting at a home near the intersection of Bardsley Ave and Vetter Street.
Tulare County officials are saying that the shooting took place around 3:00 p.m. on Sunday. Tulare police officers responded to a call about a male suspect with a knife.
The suspect was allegedly threatening to throw the knife at members of his family. When officers arrived at the scene the suspect was attempting to run away.
At some point during the chase an officer opened fire and shot the suspect. He was taken to the hospital in critical condition where he later died.
As required by California Assembly Bill 1506, there will be an investigation into the deadly police shooting.
Liability For California Police Shootings
California has one of the highest instances of police shootings in the United States. According to the Public Policy Institute of California, nearly 200 Californians are killed every year during police encounters. More than 40% of suspects who are treated for non-fatal gunshot wounds following police encounters were diagnosed with a mental health condition or substance abuse disorder. Those with a mental health condition were more than 16 times more likely to be killed in a police shooting. Fatal police shootings can often be avoided when police departments follow protocol.
- Police officers should be trained to identify when a suspect is suffering from a mental health crisis.
- Police officers should issue clear commands to suspects and identify themselves as law enforcement.
- Police officers should be equipped with less-lethal alternatives to firearms such as pepper spray and tasers.
Police officers have a legal obligation to use the least amount of force required when dealing with suspects. According to California Penal Code 835a. (1), the authority to use physical force by police officers is a serious responsibility and shall be used judiciously with respect to human dignity and sanctity of human life. Every person in California has the right to be free from excessive force that is carried out under the color of law. When officers or the public are no longer in danger from a suspect, the use of potentially deadly force must come to an end. In general, officers are not permitted to use deadly force when a suspect is attempting to flee. If a police officer uses excessive force and kills a suspect, this could form the basis of a civil claim.
There are protocols and procedures that police officers must follow when they are dealing with mentally ill suspects. These policies are outlined in California’s Peace Officer Standards and Training (“P.O.S.T.”). Officers are required to (1) request backup, (2) calm the situation, (3) avoid physical contact, (4) determine if the suspect is taking medication, (5) acknowledge the suspect’s feelings and (6) not make any threats. When a officer fails to follow a safety rule promulgated by his or her employer, this could serve as evidence of negligence. 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). There are a number of steps that should be taken after any police shooting.
- Body camera footage from all officers involved should be examined.
- The action’s of all officers leading up to the shooting should be understood.
- A thorough investigation should be conducted.
- An experienced civil rights attorney should be contacted.
According to California Assembly Bill No. 392, whether or not an officer’s use of deadly force is reasonable will depend on the “totality of the circumstances” leading up to a fatal encounter. In far too many situations, police shootings could have been avoided had the officer involved received better training or more carefully followed police protocol. The family of any person that is killed in a police shooting may be able to seek some measure of justice through a civil claim.
Investigating Tulare County Police Shootings
We at the Carrillo Law Firm, LLP extend our deepest condolences to the family of the man killed in this shooting. Any person that may have more information about what happened should reach out to investigators. There needs to be some accountability for what happened for the sake of all who have lost so much. The police are not at liberty to use lethal force on fleeing suspects.
Have you or someone that you love been harmed by the excessive force of Tulare police officers? There are a number of laws designed to protect your rights. Our team of civil rights advocates are committed to holding police departments accountable for their actions. Whether you just have legal questions or need a free investigation into any incident we are here for you. You can reach out to us anytime at 626-799-9375.
