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OpEdNews Op Eds    H3'ed 10/6/16

Police Shootings: Law, Policy, and Accountability

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It is reasonable to believe that Officer Gonsalves thought he saw a gun in Olango's hand when Olango followed directions and removed his hand and the vape pipe from his pocket. Since the officer already had his gun pointed at Olango, he may have fired instinctively. We will never know, however, what Olango was thinking. It is not unreasonable to believe he was simply showing the officer what he had in his pocket and handing it over. Or, more unlikely, he may have been pretending it was a gun and was trying to commit "suicide by cop."

The video shows that Gonsalves approached Olango to within a few feet and shifted his position several times to maintain close contact as Olango moved about. To de-escalate, rather than inflame, situations involving mentally disturbed people, professional officers are trained to maintain a distance or to speak from behind their police vehicle for self protection--as they defuse confrontations and consider alternatives. The videos show that Olango's sister had approached to within a few feet behind Officer Gonsalves when he fired four bullets into her brother. Had the officer maintained some distance and emotional reserve, she might have helped resolve the situation. Instead, she plaintively cried, "I called for help. I didn't call you to kill him."

Lessons Learned. Following major police actions, professional administrators engage in an "after action" process. Lessons learned from the analysis are then used to enhance the training of officers to avoid making the same mistakes in the future, and to formulate more effective policies to guide their actions. If the El Cajon Police Department already has similar policies to Los Angeles about when to draw a firearm or to minimize the risk of death or serious injury, and if the officer had received de-escalation training, then the officer should be accountable for his failure to follow policy and training. If found to be unjustified, the killing might also warrant criminal prosecution. If, however, police administrators have failed to promulgate appropriate policies and to provide professional training, they themselves should be accountable.

El Cajon has changed from the white, middle-class bedroom community it was when I patrolled there in the early 60s. The population has doubled, and it has become a gritty, multi-ethnic, working-class community. It is likely the police culture has changed as well, as the department has had six other police shootings in the last five years, including the killing of two women. The present culture may also be indicated by the demotion of Officer Gonsalves--instead of firing him--for sexually harassing a subordinate. Independent of policy and law, police officers among themselves categorize shootings as good or bad in terms of the risk to their own safety and their demonstrated heroism. This was not a "good" shooting of an armed robbery suspect or murderer. To the contrary, it appears to have been an entirely avoidable killing of a mentally disturbed person, whom the officers were sworn to protect.

More complete answers to the complicated questions of why police killings are taking place and what can be done to prevent them requires a deeper consideration of contributing causes than is available in this brief paper. These matters include: poverty; a punitive society; the war on drugs; federalization and militarization of the police; regulation of guns; and the professionalization of law enforcement.

Learning from police shootings, such as what occurred in El Cajon, can lead to enlightened solutions and a commitment by the People and their Police to achieve a peaceful outcome. A thoughtful response may be more difficult to arrive at, accept, and implement than the simplistic commentaries being tossed out during the 24-hour news cycle, but it is essential if peace is to prevail in the Nation's communities.

William John Cox is a retired police officer, prosecutor, and public interest lawyer who writes about public policy and political matters. He was the author of the Los Angeles Police Department Policy Manual and the Role of the Police in America for the National Advisory Commission on Criminal Justice Standards and Goals. His most recent book is Transforming America: A Voters' Bill of Rights.

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William John Cox authored the Policy Manual of the Los Angeles Police Department and the Role of the Police in America for a National Advisory Commission during the Nixon administration. As a public interest, pro bono, attorney, he filed a class action lawsuit in 1979 petitioning the Supreme Court to order a National Policy Referendum; he investigated and successfully sued a group of radical (more...)
 
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