Verdict Clearing Officer in Slaying Is Upheld

A federal appeals court ruled Tuesday in favor of San Bernardino police officers who shot an armed shopkeeper to death and kicked another man after going to the wrong address to answer a call.

In a 3-0 ruling, the 9th U.S. Circuit Court of Appeals in San Francisco upheld a jury verdict that Officer Michael Blechinger acted reasonably in shooting shopkeeper Butres Samaan after Samaan, mistaken for a burglar, fired a shot that struck the officer’s bulletproof vest.

The court overturned $34,000 in damages awarded by the jury to Mohammed Alfaorr, who was kicked by another officer who mistook him for an armed robbery suspect. The court said the officer, who saw Alfaorr rise to his feet and believed him to be armed, acted reasonably in kicking him to disable him.

The case dates from November 1992, when Blechinger, while on patrol, got a radio call about a burglar alarm at Gibson’s Healthful Living store. The dispatcher gave the right address, but the store had moved. Blechinger, who had been to the store before, drove to the original location, where he thought the store was still located, the court said. However, Gibson’s had moved, and Mike’s Ice Cream had taken its place.

Before Blechinger arrived, the store owner had closed the shop, given his brother, Butres Samaan, a gun to protect them from robbers, and went out the back door with the day’s receipts. Blechinger arrived, thought a burglary was in progress and ordered Samaan, who was then coming out the door, to drop his gun, the court said. Samaan fired and was fatally wounded in the ensuing gun battle.

Blechinger testified that he identified himself as a policeman four times.