Shooting of suspect who fired upon officer ruled within BPD policy
BY JASON KOTOWSKI Californian staff writer jkotowski@bakersfield.com
A fatal officer-involved shooting in late October in which the officer was first fired upon by the suspect has been determined to be within Bakersfield Police Department policy and state and federal guidelines.
The BPD's Critical Incident Review Board announced its decision in a news release Wednesday. Officer Keith Cason has been cleared to return to duty.
New information Wednesday included that suspect Jonathan Lopez, 28, was shot three times -- once each in the leg, hip and buttocks, and was grazed once, said Police Chief Greg Williamson. Some witnesses said at the time that Cason shot Lopez while Lopez was on the ground and that he didn't have a gun, but Williamson said the investigation determined that was not the case, and it was also discovered that some witnesses had given false names and false information to media outlets.
What was eventually discovered was that Lopez did in fact have a gun, had fired at Cason and was trying to get away when he was shot, the chief said. The law allows for an officer to use deadly force to prevent a suspect's escape when the officer has probable cause to believe there is an imminent or future potential risk of serious bodily injury or death to others if the suspect is not immediately apprehended.
Williamson said Cason didn't want Lopez to get away because Lopez had already used deadly force by firing upon an officer.
"There are a lot of conflicting stories out there, but Officer Cason is the only witness to this entire event," the chief said.
As for the missing gun, witnesses reported a woman had grabbed it and taken it into her apartment, wrapped it in a towel and then left it in another apartment, Williamson said. Officers found the gun in that apartment and arrested Edna Diaz on suspicion of concealing material evidence and accessory to attempted murder.
Diaz pleaded no contest last month to concealing evidence and was sentenced to 90 days in jail, according to court records.
The incident began Oct. 30 while Cason was in the area of Pacific and Miller streets and saw Lopez walking eastbound across Miller Street with a gun in his hand, police have reported. Cason ordered Lopez to stop, but Lopez ignored Cason and ran.
Police said Cason ran after Lopez through an apartment complex in the 1300 block of Niles Street, again ordering Lopez to stop. Lopez, however, continued to run and turned and fired at, but did not hit, Cason.
The officer drew his gun and returned fire, and Lopez ran in a southeastern direction. Cason continued to order Lopez to stop, and Lopez ran south into a residential area on the south side of the 1300 block of Niles Street.
As Lopez reached the south alley, Cason again ordered Lopez to stop, and then fired at him in order to prevent him from escaping, police said. Lopez was taken to a local hospital where he later died.
Facebook
Twitter
Mobile
RSS
Most CommentedMost Popular
The death of a man in custody following a prolonged struggle with Kern County Sheriff's deputies and CHP officers and the subsequent fracas over confiscated witness cellphones have gained international attention and raised concerns here that the incidents could tarnish the county's emerging...
The Kern County Sheriff's Office is out of control. That's one conclusion many people will draw based on the events of the past two weeks and in the context of recent years.
Sheriff’s investigators served a search warrant on Kern Medical Center and the Mary K. Shell Mental Health Center seeking medical records to find possible reasons for David Sal Silva’s behavior prior to and during his encounter with law enforcement, The Californian learned Friday.
A draft city ordinance that would have restricted abortion in Bakersfield was placed on hold Monday when the Bakersfield City Council's Legislative and Litigation Committee voted 3-0 to table its discussion indefinitely, and instead, ordered the drafting of a resolution that could be less...
Blood stains are still visible on the sidewalk at the corner of Flower Street and Palm Drive, where a Bakersfield man struggled with as many as nine officers and later died this week.
Classes were canceled at Bakersfield High School Monday after three small bottle bomb explosions struck campus, authorities said.
David Sal Silva’s screams seem like they will never stop.
Responding to what he called a case that “has consumed the media and our community,” Kern County Sheriff Donny Youngblood said Tuesday he has asked the FBI to conduct a “parallel” investigation into the death of Bakersfield father of four David Sal Silva, who died May 8 after he was beaten by deputies.