Post by WaTcHeR on May 5, 2006 9:43:38 GMT -5
05/05/2006 - A Rialto police officer used excessive deadly force when he shot and killed Demetrius Swift, 22, during a confrontation in 2003, a federal jury has decided.
The eight-member jury ruled against Officer James Mills and awarded $226,000 to Swift's family Wednesday in U.S. District Court in Riverside, attorneys said.
"For a jury to have the wisdom and courage to say that this deadly force was excessive, I think supports that members of our community think there should be some limits on the amount of force that police officers can use against an individual,'' said attorney Dale K. Galipo, who represented Swift's mother and son.
Glendale attorney David Lawrence, who represented the city of Rialto and the police officer, could not be reached for comment.
Officers were called to a domestic dispute at a residence in the 1400 block of West Van Koevering Street on Feb. 22, 2003, according to the Rialto Police Department.
Officers learned that Swift, a parolee, had shown up at his son's grandmother's house, kicked in the door and demanded to see his son. When the grandmother told Swift he couldn't see the baby without a court order, he reportedly punched her in the mouth.
The grandmother screamed, and neighbors called police. Swift ran off, but a few moments later Mills and Officer Christopher Guerrero found him in the 500 block of North Linden Avenue.
At some point, Swift reportedly flashed a knife with a 5-inch blade and threatened the officers. He also picked up a dirt clod and threw it at the officers but did not hit them.
The officers ordered Swift to get down on the ground, but instead, police say, he charged the officers with the knife. Mills fired his service weapon three times, striking Swift in the head and chest.
Three witnesses testified during the trial. During discussions with the jurors after court proceedings, jurors offered two reasons for their finding, said Galipo, who is based in Woodland Hills.
First, jurors told the attorneys they thought the officers' testimony was inconsistent, and second, physical evidence, specifically the shell casings, showed the shooting happened at a greater distance than what was described by officers, Galipo said.
"I was able to disprove the officer's intentions by showing it didn't happen the way the officer claimed,'' Galipo said.
The eight-member jury ruled against Officer James Mills and awarded $226,000 to Swift's family Wednesday in U.S. District Court in Riverside, attorneys said.
"For a jury to have the wisdom and courage to say that this deadly force was excessive, I think supports that members of our community think there should be some limits on the amount of force that police officers can use against an individual,'' said attorney Dale K. Galipo, who represented Swift's mother and son.
Glendale attorney David Lawrence, who represented the city of Rialto and the police officer, could not be reached for comment.
Officers were called to a domestic dispute at a residence in the 1400 block of West Van Koevering Street on Feb. 22, 2003, according to the Rialto Police Department.
Officers learned that Swift, a parolee, had shown up at his son's grandmother's house, kicked in the door and demanded to see his son. When the grandmother told Swift he couldn't see the baby without a court order, he reportedly punched her in the mouth.
The grandmother screamed, and neighbors called police. Swift ran off, but a few moments later Mills and Officer Christopher Guerrero found him in the 500 block of North Linden Avenue.
At some point, Swift reportedly flashed a knife with a 5-inch blade and threatened the officers. He also picked up a dirt clod and threw it at the officers but did not hit them.
The officers ordered Swift to get down on the ground, but instead, police say, he charged the officers with the knife. Mills fired his service weapon three times, striking Swift in the head and chest.
Three witnesses testified during the trial. During discussions with the jurors after court proceedings, jurors offered two reasons for their finding, said Galipo, who is based in Woodland Hills.
First, jurors told the attorneys they thought the officers' testimony was inconsistent, and second, physical evidence, specifically the shell casings, showed the shooting happened at a greater distance than what was described by officers, Galipo said.
"I was able to disprove the officer's intentions by showing it didn't happen the way the officer claimed,'' Galipo said.