Both the Sacramento County D.A.'s Office and the California Attorney General's Office announced that neither will pursue charges against two Sacramento police officers who were involved in the 2018 shooting death of Stephon Clark. Both the Sacramento County D.A. and the Attorney General found that the "officers believed they were in danger when they shot and killed Clark." The DOJ's report can be found here.
In 2018 and 2019, 62 law enforcement officers were killed by gunfire while in the line of duty. Officer
Natalie Corona just started her career with the Davis (California) Police Department when she was shot and killed by a man who rode up on a bike as she was investigating a minor traffic accident. She was 22 years old. Sergeant
Steve Hinkle had been with the Sullivan County (Tennessee) Sheriff's Office for 27 years when he was shot and killed as he was conducting a welfare check. He was 67 years old. Just a few days ago, Officer
Nathan Heidelberg was shot and killed while responding to a residential burglar alarm in Midland, Texas. He was 28 years old. Like these three, 59 other men and women were killed by gunfire while carrying out their duty to serve and protect over the last 15 months.
Soon after it was disclosed to the public that charges would not be brought against the two Sacramento police officers, a
wanted poster targeting the two officers was circulated by those who were upset with the D.A.'s decision. The poster includes the officers' names and pictures, their "gang affiliation" (Sacramento P.D.), and announces that these two officers "should be considered armed and dangerous." To make matters worse, UC Davis English Professor,
Joshua Clover, has openly advocated for the death of all police officers, even posting on Twitter that "it's easier to shoot cops when their backs are turned."
California Assemblywoman Shirley Weber (D-San Diego) recently introduced
AB 392 in effort to change California's legal standard for police use of deadly force. She, along with California Governor Gavin Newsom and Sacramento Mayor Darrell Steinberg, support making police shootings harder to "justify." Dan Walters of Calmatters had
this to say about California's current use of force law and the Clark shooting:
Penal Code Section 196, enacted in 1872 when California was the nation's
sparsely populated westernmost frontier, declares that a police officer
may lawfully kill someone while "arresting persons charged with felony,
and who are fleeing from justice or resisting such arrest." . . .
In practice, it is the basic reason why California's police officers are
almost never prosecuted when they kill someone, even when the
circumstances indicate that deadly force was not needed. . .
Had a civilian done what those two [Sacramento] officers did - fired multiple
rounds blindly at an indistinct figure in a backyard - he or she would
almost certainly be prosecuted, at least for manslaughter if not for
murder.
Knowing your target, firing only to protect oneself or another from
death or great bodily harm and using minimum force to end the threat are
drummed into civilian gun owners during firearms training.
There is a difference between a civilian using a gun to protect him or herself or another, and a police officer who is in active pursuit of a fleeing subject, who is hopping fences in a residential neighborhood, in the dark amidst reports that the subject has been smashing out car windows and the back sliding glass door of an 89-year old man's house. A friend of mine is a police officer in a bay area city that has a very high overall crime rate. One night he found himself in a similar situation as the two Sacramento officers. He was chasing a man over residential backyard fences in the middle of the night. It was pitch dark. As he hopped a fence, he came into direct contact with the subject and had a gun pointed at his head. The subject pulled the trigger without hesitation. The gun did not fire because the gun was out of bullets. Had a bullet been in the chamber, my friend would have died leaving a wife and three boys under the age of 10. This is what police officers face daily all over the United States.
Unbeknownst to the Sacramento officers at the time, on the night of Clark's death, he was under the influence of alcohol, Xanax, codeine, hydrocodone, marijuana, and cocaine metabolite. The two police officers demanded that Clark show his hands numerous times. He refused. Clark continued to ascend towards the officers in a dark back yard despite warnings to stop. The officers then saw a flash of light come from Clark's hands. The officers literally had seconds to decide what to do. In that moment, those two officers could have easily joined the list of those 62 fallen police officers. There is no doubt that the "officers believed they were in danger when they shot and killed Clark" and the decision not to pursue charges against them is to be lauded.
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