The new law changes the standard for when police can use deadly force from when 'reasonable' to prevent imminent, serious injury or death — to when 'necessary.'
When San Diego County Dist. Atty. Summer Stephan announced last month that former sheriff’s Deputy Aaron Russell would face a murder charge in the fatal shooting of a man in May, it wasn’t just the first time a law enforcement officer in the county had faced such a charge.
Nicholas Bils was killed May 1 after he slipped out of a pair of handcuffs and escaped from a state park ranger’s car just outside the downtown San Diego Central Jail. The 36-year-old had been arrested earlier that day for allegedly threatening a ranger with a golf club at Old Town San Diego State Historic Park.
Ed Obayashi, a former police officer and deputy public defender in San Diego, said Pinckard was correct. Obayashi is now a nationally recognized use-of-force expert and advises numerous law enforcement agencies in the state. Brian Marvel, the president of the research association, which is discussed in the suit but is not a named defendant, said in an email that the bill did, indeed, “change the law.”Marvel, however, echoed Obayashi’s position by noting “necessity is determined based on an objectively reasonable officer.”
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