PROSECUTOR FINDS SELF-DEFENSE JUSTIFICATION FOR POLICE KILLING

Here we have a case where the prosecutor declined to charge the officer because he felt that the officers had the defense//justification of self-defense.

“Two Los Angeles police officers will not face criminal charges after they fatally shot a 25-year-old mentally ill black man in 2014, prosecutors said Tuesday.

Los Angeles Police Department Officers Sharlton Wampler and Antonio Villegas feared for their lives when they approached Ezell Ford on Aug. 11, which led them to open fire in self-defense, according to the Los Angeles County District Attorney's office. . . .

Investigators said the officers approached Ford — who was diagnosed with bipolar disorder and schizophrenia — after they noticed him walking from a known gang area. They wanted to speak with Ford, but he began walking away, and the officers believed he was trying to get rid of illegal substances.

Wampler then placed his hands on Ford's shoulder, which sparked a physical confrontation. Ford spun around and grabbed the officer by the waist, knocking both men to the ground, prosecutors said.

The evidence indicates that Ford was on top of Wampler, struggling to obtain Wampler's primary service weapon and posing an immediate threat to his safety and his partner's safety," prosecutors said.

Wampler managed to retrieve his backup weapon to shoot Ford once in the back, prosecutors said. They added that Officer Villegas fired two additional shots at Ford.

"The evidence indicates that Ford was on top of Wampler, struggling to obtain Wampler's primary service weapon and posing an immediate threat to his safety and his partner's safety," prosecutors said.

[It is always easier to justify self-defense when the suspect has a deadly weapon or could possibly get the officer’s weapon.  Thus, anytime an officer and suspect are scuffling, the officer’s weapon could be gotten by the suspect.  This might be enough to justify the shooting.  I don’t think many suspects who are scuffling or grappling with the officer realize that this may justify the officer or some other officer in shooting the suspect.  However, in this case it appears that the suspect was clearly trying to get the officer’s gun.  If this was the case, the officer was probably justified in the shooting.” 

“In June 2015, the Los Angeles Police Commission found that the officers violated the department's policy when they wrongfully stopped Ford, which led to Wampler and Ford wrestling over his gun.” [Although the stop was improper this has no impact on the validity of the shooting.

http://www.nydailynews.com/news/crime/lapd-cops-won-face-charges-shooting-black-man-2014-article-1.2954777