pexels-kindel-media-7714667 (1)Cal Matters Report Reveals Not All Police Shootings Being Probed or Logged By California Justice Department

LOS ANGELES, CALIFORNIA (January 29, 2025) – A new report by Cal Matters has revealed that the state justice department has not investigated or even logged all shootings of potentially unarmed suspects.

California passed a law in 2020 that requires the state Justice Department to investigate all incidents where an unarmed suspect is shot. But there have been at least 17 cases where the state has decided that it will not investigate.

The department decided to change course and investigate all of the reports that come in. Cases under review include those where people are holding Airsoft rifles.

One incident under investigation involved a shoeless man who was standing in a creek. The man, who primarily spoke Spanish, was shot as he bent over holding a hammer.

 

Legal Considerations for California Police Shootings

California has one of the highest instances of police shootings in the United States. Many of the people shot were unarmed. According to the Public Policy Institute of California, “In about 80 percent of encounters resulting in death or a gunshot wound, the civilian was armed with a weapon, underscoring the risky environments officers face. However, when we also consider civilians who sustained other serious injuries, 56 percent were unarmed.” There are a number of reasons that a police officer may shoot an unarmed suspect.

  • A police officer may mistake an item like a cell phone for a weapon.
  • A police officer may have inadequate training for dealing with high-risk encounters.
  • A police officer may fail to de-escalate an encounter.

The authority to use lethal force is one of the most consequential powers that police officers hold. It must be used with a great deal of discretion and only as a measure of last resort. Despite this, police officers routinely shoot suspects who are not an immediate threat to themselves or anyone else. In many cases, the victim may be in the midst of a mental health crisis. Police officers should take several measures if they do believe a suspect is in the midst of a mental health crisis.

  • Request backup
  • Calm the situation
  • Avoid physical contact
  • Determine if the suspect is taking medication
  • Acknowledge the suspect’s feelings
  • Not make any threats

Police shootings are often highly preventable. They tend to involve situations where officers are not following protocol. If an officer fails to follow a safety rule promulgated by their employer, this could serve as evidence of negligence. It is important that victims of police shootings understand that they do have rights. They are able to seek some measure of accountability through a civil claim.

Investigating California Police Shootings

We at the Sehat Law Firm were deeply concerned to hear about the lack of transparency by the state Justice Department. It is our sincere hope that they will properly investigate all of these shootings as required by law. The families and communities where these tragedies took place deserve answers and accountability.

Have you or someone that you care about been injured in a California police shooting? You may have legal recourse. Our team of civil rights attorneys is here to help in any way that we can. We care deeply that victims of excessive force get the support that they are entitled to under the law. Whether you just have legal questions or need any type of assistance, we are here to serve your needs. You can reach out to us anytime at (949) 825-5200.

 

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