Jonathan Mackey Injured After Being Shot By Security Guard At San Carlos Home Depot
SAN CARLOS, CALIFORNIA (August 10, 2023) – A man identified as Jonathan Mackey was injured after being shot by a security guard at a San Carlos Home Depot.
San Mateo County officials are saying that the incident took place around 10:00 p.m. on Monday. A security guard at the San Carlos Home Depot confronted Jonathan Mackey over suspected shoplifting.
The altercation turned physical and the suspect was able to gain access to the security guards baton before throwing it at a door. It was shortly after this that the security guard opened fire and shot at Jonathan Mackey two times.
He was hit at least once and injured in the process. San Carlos police officials arrived at the scene and detained the suspect. Both he and the security guard were taken to the hospital in order to receive treatment for injuries.
A full investigation into the San Carlos Home Depot shooting remains ongoing at this time.
Liability For San Carlos Security Guard Shootings
As retail crimes have continued to rise across California, many stores have turned to private security companies. However, these security guards are not nearly as well regulated or accountable as police departments. According to Time Magazine, “Twenty-one states don’t require any amount of training for unarmed security officers; according to the National Association of Security Companies. Even in states with requirements, enforcement is difficult because there are so many guards spread out across so many locations and states lack staffing to enforce the rules.” There are a number of reasons that encounters with security guards can be particularly dangerous.
- Security guards are typically less well trained than the police.
- Security guards typically don’t have backup during confrontations.
- Security guards are not as well vetted as the police.
Depending on the facts of any case, a business owner or a security company could be liable if someone is injured by a security guard. Employers are typically vicariously liable for the negligent actions of their employees. Security guards have a legal obligation to use reasonable care in order to prevent injury to suspects. To that end, they should be using de-escalation techniques. A security company could be liable if a shooting was caused by their negligent hiring or training of a security guard. Consider, for example, the case of Antonio Chaj vs. DGSP Security & Patrol Services.
Antonio Chaj was at a bar with his nephews Eric Chaj, Pedro Chaj and his brother. A bartender refused to serve Eric Chaj before violently attacking him with brass knuckles. A security guard at the bar then attack both Eric Chaj and Pedro Chaj. Antonio Chaj attempted to intervene, but he was struck multiple times in the head by the security guard’s baton. Antonio Chaj sustained a traumatic brain injury. Attorneys for the plaintiff argued that DGSP Security & Patrol Services was liable for the negligent hiring, supervision and training of the security guard. A jury ultimately sided with the plaintiff. There are a number of steps that should be taken after any security guard assault.
- Eye witnesses should be interviewed.
- Surveillance footage of the assault should be sought.
- All medical records related to the incident should be examined.
- The credentials of the security guard should be thoroughly reviewed.
Under the California and Business Professions Code, security companies are required to provide their security guards 32 hours of training within the first six months of employment. However, many security guards do not get the training that they are required to get. Any person that is injured by the actions of a security guard in California may have legal recourse through a civil claim. An attorney can examine all of the unique facts of your case free of cost and let you know if you have a claim that can be pursued.
Investigating San Carlos Security Guard Shootings
We at the Sehat Law Firm extend our best wishes to Jonathan Mackey as he continues to recover. Any person that may have more information about what happened should reach out to investigators. It is our sincere hope that steps are taken to prevent other incidents like this. Retail crime does not permit security guards to use lethal force.
Have you or someone that you care about been harmed by the negligent actions of a San Carlos security guard? Our team of civil rights attorneys are here to help in any way that we can. We care deeply that victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support we are here for you. You can reach out to us anytime at (949) 825-5200.