The state of California agreed Tuesday to pay $2.5 million to settle an excessive-force lawsuit filed by an African-American carpenter who was shot at least eight times by a white CHP rookie during a traffic stop.
The state offered the settlement on the first day of trial in federal court, after the officer who shot James Henry Ligon Jr. in 2012 testified that Ligon stepped out of his car and charged directly at him, shouting threats. The problem with CHP officer Joe Lafauci’s account was it did not match the physical evidence in the case, said Ligon’s lawyers, Jaime Leanos and Nelson McElmurry. Ligon was shot four times in the back, suggesting he was not coming at the officer.
“Officer Lafauci immediately went for his gun, unlike his more experienced partner, who got out of the patrol car without even taking out his gun,” just his Taser, McElmurry said.
Lafauci had only 14 months on the job when he emptied his service pistol of 12 rounds, at least eight of which hit Ligon.
Ligon, now 37, said he had stepped out of his car after leading the CHP on a high-speed chase for three miles because he couldn’t hear what the officers were yelling and to show them he was unarmed.
Details surrounding what led to the high speed chase reveal that Mr. Ligon was suspected of drunk driving at the time of the incident.
According to Sunnyvale police, which investigated Ligon’s shooting, Lafauci and fellow CHP officer Cory Walczak tried to stop Ligon in a gold Toyota Corolla about 1:30 a.m. on southbound Highway 101 near Ellis Street, suspecting he was driving drunk. It was later determined he had an estimated blood-alcohol level of .25-.32, at least three times above the legal limit of .08. He was on probation at the time for possession of mushrooms for sale.
Ligon did not pull over and instead drove onto city streets in Sunnyvale for about three miles to the 200 block of Alturas Avenue, near where his mother lived. He was driving her car and did not want it to be impounded, Leanos said. Ligon pleaded no contest to felony evading and misdemeanor DUI charges, after prosecutors dropped a felony resisting arrest charge.
This case serves as a great example for how these types of incidents SHOULD be handled. No one is advocating that people breaking the law should get off scott-free (drunk driving and evading police is certainly a punishable offense) however, police officers shooting to kill should NEVER be the first course of action without consequence when a suspect makes it clear that he is unarmed.
No comments:
Post a Comment
What's Your Thoughts?