O.C. Shootings by Officers Are at Record High

Against the backdrop of a record-high murder rate and a surge in violent crime, Orange County peace officers killed or wounded 29 people with gunfire in 1989--nearly tripling the number of officer-involved shootings in three years.

Beginning with the death of a man carrying a toy gun and ending with the fatal wounding of a teen-age suspect, police resorted to deadly force more times last year than at any other time in the history of local law enforcement.

Besides the human toll, the rash of officer-involved shootings has prompted at least seven lawsuits and liability claims alleging wrongful death and excessive use of force. The legal actions seek millions of dollars in damages and raise questions about police conduct.

While no one can offer a sure explanation for the sudden rash of shootings, local law enforcement officials who investigate these incidents say officers are reacting to an escalation of violence and a proliferation of handguns in the county.

“One of the distinct trends is that violent crime is significantly on the upswing,” said Huntington Beach Police Chief Ronald Lowenberg, whose department was involved in three shootings last year. “The officers are placed in more situations where they are dealing with that violent society.”

Last year, 29 people were shot by police throughout the county, compared to 20 in 1988 and 10 in 1987. Of the 1989 total, 12 people were killed and 17 wounded. The figures represent only the instances in which police officers’ bullets hit their mark; in some cases, police fired and missed.

Among cities, Santa Ana and Anaheim--the two most populous municipalities in the county--had the highest number of officer-involved shootings. Santa Ana had seven and Anaheim had five.

Officers and deputy district attorneys said there have been no distinct patterns in the shootings, and that police have learned to anticipate trouble on even the most routine matters.

“For a long period of time the most dangerous call was a ‘keep the peace’ in a husband-and-wife dispute,” said Lt. Richard J. Olson, a spokesman for the Orange County Sheriff’s Department. “But now I generally see officers use the same amount of caution on any type of call they go to.”

Although Newport Beach police officers did not shoot anyone in 1989, police spokesman Sgt. Andy Gonis said patrol officers are more wary because they have noticed a sharp increase in the number of people carrying guns.

“Our officers are making a lot more arrests where they find handguns on (suspects) or in their vehicles,” Gonis said. “We’ve noticed it over the last couple of years. It’s been a lot more dramatic in the last year.”

Homicide Record Set

Statistics show that the streets are more crime-ridden than ever before in Orange County. There were 155 homicides last year, a record. Aggravated assaults, which include attempted murder and assault with a deadly weapon, have gone up steadily to more than 6,000.

“Part of it results from increased problems with narcotics,” said Santa Ana Police Capt. Joseph Brann. “We see more situations where the traffickers--the dealers themselves--are armed, and even buyers are arming themselves.” Statewide, the number of justifiable homicides by peace officers has increased since 1986, according to the state attorney general’s office. Statistics show that 85 people were shot to death by police in 1986, 92 in 1987 and 101 in 1988.

State Department of Justice figures, however, show no appreciable increase in the number of assaults on Orange County police officers. Instead, the rate has held steady between 650 and 690 from 1985 to 1988.

The statistics from the state Bureau of Criminal Statistics and the Orange County Sheriff-Coroner’s Department are based on reported crimes and are not necessarily a reflection of the actual crime rate. Many incidents go unreported and sometimes charges are dropped or changed by law enforcement officials.

Although officer-involved shootings have increased, Anaheim Police Chief Joseph T. Molloy said there are a number of cases where officers used “commendable restraint” in deciding against using their guns when they would have been perfectly justified to fire.

So far, police are not to blame for the increase in shootings, according to the district attorney’s office, which investigates officer-involved shootings. In every case closed this year, prosecutors found no evidence to support criminal charges against any Orange County officer, even when unarmed suspects were shot.

“The fact that no charges have been filed speaks well of their training, conduct and restraint,” said Loren DuChesne, a chief investigator for the district attorney’s office. “We haven’t had a scenario like Houston or Miami.”

In each Southern city, police officers have been convicted of killing two people.

The decision to shoot someone is often made in a split second, but the investigations and legal reviews to determine whether the shooting was justified can take five to six months on average, sometimes longer. Almost one-fourth of the 1989 officer-involved shootings are still under investigation.

The district attorney’s office, which is usually notified immediately after a shooting, reviews the incident independently and determines whether criminal charges should be filed. Investigators try to reach the scene within minutes of the incident, and in most cases the district attorney’s office is the lead agency looking into the shooting.

Procedure Is Defended

Officials defend this procedure as a way of avoiding criticism that comes when police agencies investigate their own officers. The hope is that use of an outside agency will generate more faith in the outcome of the investigation.

This year, the number of officer-involved shootings has created a heavy demand on the district attorney’s staff assigned such cases. But officials say the increased workload has not caused much delay.

“There is a high priority on these cases,” DuChesne said. “They are high visibility. You have the public, the news media, the families, the officer and police departments all interested in the outcome.”

Last year’s first officer-involved shooting was the case of Dennis Paul Gonzales, 20, of Garden Grove, who was shot to death in his living room Jan. 29 when he displayed what police said was a realistic-looking toy gun. Gonzales’ relatives, who have sued Garden Grove police, said he did not point the replica .45-caliber pistol at police or threaten them with it.

Since then, officers have shot 12 people armed with knives, metal pipes, martial arts weapons, police batons or automobiles supposedly used in attempts to run down officers. One man was shot after he tried to stab his wife, and a police SWAT team member killed another man who was holding his spouse hostage.

Ten people were shot who either were armed with handguns or had fired on police.

Six suspects were unarmed, including two, police said, who tried to grab officers’ batons or handguns during fights. Some of the other unarmed men were shot, police said, after they made moves toward pockets or waistbands, which are common places to carry guns.

Robert Vincent Edson, for example, was shot as he reached into his front pants pocket, which contained only his keys. Edson died. Gregory R. Greene was wounded in a separate incident when he put his hand behind his back as he faced officers who wanted to arrest him on a burglary charge. Greene survived.

Another unarmed man, Ernest H. Nunez, 31, was fatally wounded in the back by shotgun pellets Sept. 20 as he fled from Santa Ana officers answering a robbery complaint at a clothing store that employed his wife.

While rules governing the use of deadly force differ among departments, most firearms policies are designed to give officers discretion in the field. But in all cases, there must be an immediate danger to officers, hostages or innocent bystanders.

Similarly, police may shoot at fleeing felons as long as the suspect, whether armed or not, presents a danger to the public or has committed a violent crime, such as murder, rape, robbery or mayhem.

Policy violations can result in a reprimand, suspension without pay or termination, depending on the severity of the case. It is unclear how many Orange County officers have been disciplined for an improper shooting because state law prohibits the release of such information to the public.

Disputed Shootings

Except for some pending cases, the district attorney’s office has cleared all officers who have shot unarmed suspects on the grounds that police acted reasonably under the circumstances. Nevertheless, some of those shootings have become controversial.

This year, the families of Nunez and Edson filed wrongful death claims and a lawsuit against the police departments involved. The cases are two of seven claims and lawsuits that have been lodged in 1989 shootings. None has been resolved yet.

The Nunez family, which is seeking $1.25 million in damages, alleges that a Santa Ana officer overreacted. “Mr. Nunez was not armed and presented no threat to the shooting officer or anyone else,” the claim states.

Santa Ana officers declined to discuss the case. But police have said in the past that the officer shot Nunez after he saw the suspect make a move toward his waistband as if he had a gun. They also claim that Nunez did not heed orders to halt.

Attorney Frank Barbaro, who is representing Edson’s widow and three children in a lawsuit against Anaheim Police Officer Lee Smith and the city, said the shooting was “a pretty bad one from the standpoint of police conduct. . . .”

“They had nothing more than a vehicle equipment violation on this man and he fled,” Barbaro said. “He was unarmed. He was in the process of trying to see his family.”

But Edson never reached them. After a vehicle pursuit, he was shot when he reached the door to the room at the Galaxy Motor Inn where his family was staying. Police said he reached for his waistband as if going for a gun.

“The only thing he had was the key to his motel room,” Barbaro said. “I can’t believe Mr. Edson was presenting any threat of bodily harm to anyone.”

Chief Molloy has given his unconditional backing to Officer Smith, who was involved in the Edson case as well as two other shootings this year. “A lot of officers can go through a career and never have to do that,” Molloy said. “Absolutely, I stand by him. He’s a good cop . . . a good officer.”

In general, whether someone is armed or unarmed is important but not always crucial in the decision to shoot, law enforcement officials say. Unarmed suspects can be violent either on or off drugs. Police also might perceive a threat if they have reports that someone used a weapon previously, even if they cannot actually see a gun or knife on the suspect.

Whether the suspect is armed “is a big factor in looking at these cases,” said Deputy Dist. Atty. Wallace Wade, who works on police-shooting investigations. “But every case is different. If a guy walks out of a bank with a gun, that is different from an officer who perceives that a guy has a gun. But officers can be right in both cases.”

A Santa Ana psychologist who has counseled more than 1,000 police officers from departments in both Los Angeles and Orange counties since 1981 said that drugs and violent parolees--not officer incompetence--are contributing to the increase in officer-involved shootings.

Dr. Lawrence N. Blum, who specializes in post-trauma counseling for officers who have had to pull the trigger, said that despite the rising number of incidents, officers “have a greater hesitancy to shoot than in the past” because of fear they will be sued.

“I do not see more gun-happy cops,” Blum said. “I see cops frightened of litigation.”

ORANGE COUNTY OFFICER-INVOLVED SHOOTINGS IN 1989

Beginning with the death of Denis Paul Gonzales, who was carrying a toy gun, and ending with the fatal wounding of a teen-age suspect, 1989 was the worst year for officer-involved shootings in the history of Orange County law enforcement. The toll: 12 killed (noted by gray screen) and 17 wounded.

Date: Jan. 29 Department: Garden Grove Incident: While investigating a public disturbance call, officers shot Dennis Paul Gonzales to death in his living room. Police say he drew a weapon, which turned out to be a toy gun. But family members say Gonzales did not threaten police. Date: Feb. 2 Department: Anaheim Incident: After being stopped for a broken headlight, Robert Vincent Edson led police on a 45-minute chase that ended at a motel where Edson lived with his family. Police fatally shot Edson when he reached into his pocket while on the second floor of the motel. Edson’s pocket contained only his keys. Date: Feb. 19 Department: Anaheim Incident: While investigating an attempted motorcycle theft, police wounded Joseph Harry Peterson in the arm. Police say Peterson was shot when he began beating an officer with the officer’s own night stick. Date: Feb. 20 Department: Huntington Beach Incident: During the investigation of a public disturbance, Alan Edward Norried was shot to death after failing to heed police warnings to drop the martial arts weapons he was carrying. Date: Feb. 28 Department: Huntington Beach Incident: Police shot Gregory R. Greene in the arm and leg when he reached behind his back during an arrest on suspicion of burglary. No weapon was found, but police said they thought Greene could have been reaching for a gun. Date: March 8 Department: Fountain Valley Incident: Harry Owen Clark was fatally wounded when he wrestled a night stick away from police and began beating officers investigating a public disturbance complaint. Date: March 10 Department: Orange Incident: Martin Conejo was wounded in the arm by plainclothes narcotics officers who said Conejo and another man had a gun and tried to hit them with a car. Conejo and the other man fled in a car when police approached them for questioning. Date: April 14 Department: Santa Ana Incident: Two officers shot Vincent L. Comancho, a burglary suspect, in the legs when Comancho dropped his hand to his waist and pointed a .38-caliber pistol at them. Date: April 17 Department: Brea Incident: As police tried to question Hoang Do about an auto theft, officers said he pointed an unidentified weapon at them. Do was shot once in the leg. Police later recovered a car stolen in Fountain Valley. Date: May 8 Department: Sheriff’s Department Incident: Deputies chased suspected car thief Matthew Glenn Kaufman from Mission Viejo to the exclusive Nellie Gail Ranch area in Laguna Hills. The pursuit ended in a running gun battle between police and Kaufman, who was seriously wounded. Date: May 25 Department: Santa Ana Incident: Paul Castro, a robbery suspect described as “armed and dangerous,” was shot to death when he reached into his waistband in front of police. A knife was later found on his body. Date: June 13 Department: Fountain Valley Incident: Police wounded Jacek Krol in the head when he ignored orders to freeze and tried to stab his wife. The couple’s daughter was upstairs asleep during the commotion. Date: June 13 Department: Sheriff’s Department Incident: Suspects in a stolen vehicle led deputies on a car chase and thencontinued to flee on foot after they crashed the vehicle. When the suspects opened fire, deputies shot back, wounding Todd Braget in the arm and head. Date: July 6 Department: Santa Ana Incident: Ramon Soto, an armed robbery suspect, was shot in the leg when he fled from police and refused to halt although ordered to. Police had come to Soto’s home to arrest him. Date: July 8 Department: Orange Incident: While answering a public disturbance call, police fatally shot Frank Nalepa. Officers said Nalepa threatened two patrolmen with a butcher knife. Date: July 21 Department: Huntington Beach Incident: Robbery suspect Karl Cardella fled from a Bank of America and engagedpursuing officers in three separate gun battles before he was shot to death. His car contained 75 bullet holes. Date: July 21 Department: Costa Mesa Incident: Frank Leslie Hall, suspected of robbing a Wells Fargo Bank, led police on car chasethrough South Coast Plaza and Crystal Court. He rammed a patrol car, hit a Mercedes-Benz, then was shot in the leg when he reportedly tried to run down a patrolman. Date: Aug. 19 Department: Garden Grove Incident: Michael J. Wright, who shot and wounded his wife while holding her hostage, was fatally wounded in the head by a SWAT member. Date: Aug. 26 Department: Buena Park Incident: Terry A. Effinger, who reportedly fled from police during a routine traffic stop, was shot and wounded in the hand in the back yard of a home. He was wanted on a felony warrant in Kansas. Effinger was unarmed. Date: Sept. 8 Department: Placentia Incident: An officer went to a restaurant responding to a disturbance call and confronted Dennis William Smith, who shot and wounded the officer and fled. Another officer chased Smith until Smith’s car crashed. After a 20-minute gun battle, Smith was shot to death. Date: Sept. 10 Department: Santa Ana Incident: Police responding to a family disturbance shot Andres Cervantes in the stomach after Cervantes allegedly wrestled a gun away from one of the officers. Date: Sept. 10 Department: Santa Ana Incident: After being stopped for speeding, Jesse James Elizalde fled on foot to a residence. When police approached him, he threatened an officer with a metal pipe and was shot in the arm and leg. Date: Sept. 13 Department: Anaheim Incident: Police accidentally shot 10-month-old Michelle Olmos in the thigh after a manfleeing from a routine traffic stop commandeered the car of her mother at gunpoint. Police arrested Steve Paul Hartson and found a drum-fed shotgun in his abandoned car. Date: Sept. 16 Department: Santa Ana Incident: Larry D. Stroup, a robbery suspect, was shot and wounded in the leg when he allegedly tried to ram a police officer with his car. Date: Sept. 20 Department: Santa Ana Incident: An unarmed man suspected of robbing a clothing store ignored officers’ orders to halt. The man, Ernest Nunez, was fatally shot in the back as he fled. Date: Oct. 10 Department: Anaheim Incident: Gregory A. Rosenberger, suspected of making a drug deal, was fatally shot while in the back yard of a house after he allegedly lunged at an officer’s gun. A witness said he was shot while he tried to reach up from the ground. Rosenberger was unarmed. Date: Oct. 22 Department: Anaheim Incident: Two officers responding to a complaint of someone firing a gun in the air, wounded Jose A. Rodriguez when he allegedly failed to heed orders. Date: Dec. 9 Department: Orange Incident: A suspected kidnaper and his victims drove to the back lot of the Orange PoliceStation. The alleged abductor, Emilio Sitt Garcia, wounded one of his victims as the two wrestled for control of a .45-caliber pistol. A police officer then shot Garcia, wounding him. Date: Dec. 15 Department: Westminster Incident: Henry Perez Torres, a youth suspected of participating in a drive-by shooting earlier that night, was mortally wounded by police during a gunfire-punctuated hunt for suspected gang members. Source: Orange County law enforcement agencies

YEAR-BY-YEAR SHOOTINGS TOTAL

Orange County officer-involved shootings since 1984.

Year Fatal Non-Fatal Total 1984 6 5 11 1985 7 4 11 1986 5 9 14 1987 6 4 10 1988 9 11 20 1989 (as of Dec. 27) 12 17 29

Source: Orange County district attorney’s office