Here's a link to a copy of the Los Angeles Board of Police Commisioners' written summary of the Ezell Ford shooting.
Based on my reading of the report, I have some concerns regarding Officer A's initial use of force.
As set forth in the report, Officers A and B got out of their vehicle to conduct a consensual investigation of Ford. After exiting the vehicle, Officer A stated: "Hey, let me talk with you." Ford looked at the officers and continued walking away. Officer A then asked the Subject, “Hey, do me a favor, get your hands out of your pockets.” The testimony here is contradictory, but it seems as though Ford stopped, faced the officers and did take his hands out of his pockets/waistband area temporarily (this action allowed Officer B to conclude that there were no bulges in Ford's clothing and he holstered his weapon which he had previously deployed). Ford then turned around and continued to walk away from the officers at an increasing rate of speed (but not running). Ford then leaned forward away from the officers and toward some bushes and Officer A formed the opinion that Ford was discarding narcotics and determined that he had reasonable cause to detain Ford. Up until this point in time, Officer A was treating the encounter as consensual. Without saying anything more, Officer A went hands on to handcuff Ford. At this point, the situation goes critical and both officers shoot Ford.
"A police officer attempting to make an investigatory detention may properly display some force when it becomes apparent that an individual will not otherwise comply with his request to stop, and the use of such force does not transform a proper stop into an arrest." U.S. v. Thompson, 558 F.2d 522, 524 (9th Cir. 1977); see also U.S. v. Richards, 500 F.2d 1025 (9th Cir. 1974); People v. Johnson, 231 Cal.App.3d 1, 13 (1991).
It seems to me that (assuming there was objectively reasonable grounds to believe Ford was engaged in criminal behavior) before Officer A used force or decided to handcuff Ford, he should have ordered Ford to stop. Immediately going hands on to handcuff Ford without giving Ford an opportunity to comply with a command seems to be inconsistent with the law regarding investigatory stops.
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Originally Posted by Kukuforguns
