ABRIDGED SUMMARY OF CATEGORICAL USE OF FORCE INCIDENT AND FINDINGS BY THE LOS ANGELES BOARD OF POLICE COMMISSIONERS
OFFICER INVOLVED SHOOTING 008-07
Reason for Police Contact
Officers A and B responded to a report of an assault with a deadly weapon. After talking to witnesses about the incident, Officer A requested additional units. Officers C and D, along with Officer E, responded to assist. The officers contacted Subjects 1, 2, and 3 inside an apartment. Subject 3 became combative and the officers subdued and handcuffed him. After he was handcuffed and partially searched, Subject 3 was moved into the common hallway. Officer C guarded Subject 3. While still handcuffed, Subject 3 produced a handgun and shot Officer C. Officers A, B and E responded to assist Officer C. Officers A, B and E shot Subject 3.
Subject 3: Male, 24 years. Deceased (X)
On January 21, 2007, Witnesses A, B, C and D (father, mother, and two teenage daughters, respectively) were living in an apartment in Los Angeles.
Witnesses A and B drove Witness C to a local high school to visit her friends. They dropped Witness C off and drove back to their apartment.
Subject 1 and Subject 2 contacted Witness C as she loitered in the vicinity of the high school and asked her about purchasing some marijuana. Subjects 1 and 2 had been in the area since noon, panhandling and smoking marijuana.
As the trio walked down the street they encountered Subject 3. Subject 1 and Subject 3 were passing acquaintances. On this evening, Subjects 1 and 2 purchased marijuana from Subject 3. The group, which now included Subject 3, walked to a liquor store and Subject 3 bought them some beer. Subjects 1, 2 and 3 smoked marijuana and drank beer, while Witness C consumed only beer.
Witness C called Witness B and asked if it would be permissible to bring Subjects 1, 2 and 3 home for a short visit. Witness C was told it was permissible to bring the three of them with her; however, only for a short visit.
Witness C and the three subjects traveled to Witness C’s apartment complex.
Witness A was asleep when Witness C and her companions arrived. Subjects 1, 2 and 3 were introduced to Witnesses B and D. Witness C, and Subjects 1, 2 and 3 entered Witness C’s bedroom, closing the door behind them.
For the next several hours,
Witness C, and Subjects 1, 2 and 3 drank beer, listened to music, and chatted on the Internet. Subjects 1, 2, and 3 also smoked marijuana. From time-to-time, these four were joined by Witness D.
Witness C then informed Witness B that Subjects 1, 2 and 3 wanted to spend the night.
Witness B reluctantly agreed to letting them stay; however, she warned Witness C they would need to keep the noise down.
A short time later, Witness B entered Witness C’s bedroom and told Subject 1 that he and his friends had to leave the apartment. Subject 1 shouted profanities at Witness B and told her they would not leave.
Because of Subject 1’s aggressive behavior, Witness B was in fear for her and her family’s safety. Witness B woke Witness A, and together they walked to a payphone in order to call the police for assistance.
Posing as a concerned neighbor, Witness B contacted the Los Angeles Police Department (LAPD) Metropolitan Communications Dispatch Center (CD) 911 Emergency. She advised the Emergency Board Operator that three men, one of whom was armed with a knife, were in her neighbor’s apartment and were threatening the female occupant. According to Witness B, her deception was designed to protect her family.
CD initiated a broadcast of a possible assault with a deadly weapon (ADW) in progress.
Officers A and B monitored the broadcast and responded to the location.
When Officers A and B arrived at the front of the apartment complex, Witnesses A and B met them. Witness B revealed her initial deception to the officers and informed them that it was her family that actually needed police assistance.
Officer A decided to request and wait for an additional unit prior to dealing with the subjects inside the apartment. Officers C, D, and E acknowledged the call and drove to Officers’ A and B location to provide assistance.
Officer A briefed Officers C, D and E in the courtyard of the apartment complex. The officers formulated a tactical plan to contact the subjects, detain them, and determine if a crime had occurred.
Witnesses A and B accompanied the officers to the second floor landing of their apartment building. The witnesses provided a key to their apartment to Officer B. The witnesses were directed to stay behind a fire door located at the north end of the north/south hallway.
The officers found the north-facing door to the apartment closed, but unlocked. The officers opened the door, announced their presence, stating, “Los Angeles Police Department,” and entered the cramped apartment.
Note: The apartment was small, with one bedroom and one bathroom. The living room served as an additional bedroom. Two mattresses had been placed on the living room floor in order to provide sleeping accommodations for Witnesses A, B and D.