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Deputies’ 120 Shots Ruled Not Criminal

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From Associated Press

Los Angeles County sheriff’s deputies who fired 120 shots at an unarmed driver in Compton blundered, but there’s no evidence they violated his civil rights, a county watchdog agency has concluded.

A report by lawyers for the Office of Independent Review said the deputies used a “poor tactical approach” that put them in harm’s way during the May 9 confrontation in which the driver and a deputy were wounded.

Deputies didn’t have a coordinated plan, and “the unfortunate result was a deputy and suspect being shot, 120 rounds being expended, numerous bullets going into houses in the community,” the report said.

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A coauthor of the report, Ilana R. Rosenzweig, said she thought the shooting was justified under state law that says deputies must have “an objectively reasonable belief” that there was an imminent threat.

The report was cited Friday in the Los Angeles Daily Journal.

Lawyers for motorist Winston Hayes, who is black, said the finding on civil rights was irrelevant. “What they’ve done is made a conclusion that should be reached by a jury,” attorney Brian T. Dunn said. “But I think, with the number of rounds fired, an inference can be made that this was more than simple negligence.”

Attorney Winston McKesson said the conclusions of the review group would not be relevant in a trial if his client decided to file a civil rights lawsuit. He said he would have to prove only that deputies used excessive force.

They opened fire as a sport utility vehicle driven by Hayes lurched forward and struck a patrol car. The crash followed a brief pursuit of Hayes, whom deputies suspected of involvement in a previous shooting.

Hayes, 44, was struck several times, and a deputy caught in the crossfire was hit once and slightly wounded. Hayes’ SUV was riddled with bullets.

It was later determined that Hayes had not been involved in the previous shooting and was unarmed.

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