LOS ANGELES COUNTY DISTRICT OFFICE b. BUREAU OF FRAUD CORRUPTION PROSECUTIONS g, JUSTICE SYSTEM INTEGRITY DIVISION JACKIE LACEY - District Attorney SCOTT K. - Director SHARON .I. MATSUMOTO - Chief oeputy District Attorney JOSEPH P. ESPOSJTO Assistant District Attorney August 22, 2014 Commander Robert A. Lopez Force Investigation Division Los Angeles Police Department 100 West First Street, Suite 431 Los Angeles, California 90012 Re: J.S.I.D. File #13-0525 L.A.P.D. Dear Commander Lopez: The Justice System Integrity Division of the Los Angeles County District Attorney?s Of?ce has completed its review of the July 31, 2013, non?fatal shooting of Kenneth Vessell by Los Angeles Police Department (LAPD) Of?cers Irmina Dumaplin and Steven Tallakson. We ?nd that the officers acted lawfully in self-defense and in defense of each other. The District Attorney?s Command Center was noti?ed of the shooting at 7:30 pm. on July 31, 2013. The District Attorney Response Team, comprised of Deputy District Attorney Stephanie Sparagna and District Attorney Supervising Investigator Larry Dirnrnick, responded to the scene and was given a brie?ng of the circumstances of the shooting and a walk-through of the scene. The following analysis is based on reports submitted by LAPD Detective D?Elia, Force Investigation Division (FID). The compelled statements of Of?cers Dumaplin and Tallakson were not considered in this analysis. FACTUAL ANALYSIS On July 31, 2013 at 6:30 p.111, LAPD Vice Of?cers Adriana Bravo and Esmeralda Ruiz were driving in an unmarked car in the area of Paci?c Coast Highway (PCH) and Belle Porto Avenue in the City of Los Angeles.' They were investigating underage prostitution activity in the area when they saw Kenneth Vessell standing on a corner. Vessel] was wearing a bandanna which covered the lower portion of his face, a long sleeve shirt, black pants, a black beanie, black gloves and sunglasses. They believed that Vessell looked like a robber and decided to monitor his actions. Vessell, still wearing the bandanna, entered the lobby of the Paci?c Motel and talked to the clerk inside. Bravo and Ruiz were concerned that a robbery was about to take place and requested backup. LAPD Of?cer Vicente Pacheco, who was in an unmarked car, acknowledged that he would respond. Ruiz instructed Pacheco to meet her and Bravo in a Ciara Shortridge Foitz Criminal Justice Center 210 West Temple Street Los Angeles. CA 90012-3210 (213) 974?3888 Fax: (213) 820?1208 WEBSETE: http:flda.co.la.ca.us Commander Lopez August 22, 20M Page 2 of4 nearby parking lot. LAPD Officers Irmina Dumaplin and Steven Tallakson, both in uniform and a marked car, also responded to the request for backup. Of?cers Ruiz and Bravo continued their surveillance while waiting for units to arrive. When Vessell exited the motel, Ruiz contacted the clerk by phone but was unable to determine if a robbery had occurred because of a language barrier. Pacheco continued to watch Vessell as he walked down the street and updated the other of?cers as to Vessell?s location. Vessell walked into the lobby of the Pleasant Holiday Motel. Pacheco drove to the parking lot of the motel and saw Vessell contact the clerk, leave and then walk away on PCH. As Of?cers Dumaplin and Tallakson drove toward the Pleasant Holiday Motel, they saw Vessell walking on the sidewalk near the store, Boss Hoss They activated their emergency lights, causing the Digital in-Car Video System (DICV) to record, and drove toward Vessell to detain him for a robbery investigation. They stopped their vehicle twenty feet away from Vessell. The DICV captured Vessell looking in the of?cers? direction, reaching into his waistband and removing a dark object. Vessel immediately pointed the object at the of?cers with both hands and took several steps toward them. while maintaining a shooting stance. Both of?cers exited their car, Lrnholstered their weapons, moved to the rear of the car and discharged their service weapons in rapid succession striking Vessel who fell to the ground. Dumaplin and Tallakson approached Vessel, handcuffed him and searched him for weapons but none were found. Officer Dumaplin ?red ?ve rounds from her .40 caliber Glock, Model 35 semiautomatic service weapon. Of?cer Tallakson ?red ?ve rounds from his .40 caliber Glock, Model 21 semiautomatic service weapon. Witness Statements Of?cers Ruiz and Bravo were on the corner of PCH and Belle Porte Avenue when they saw Dumaplin and Tallakson pull over near the shep. Bravo saw Vessell pull out an object that looked like a gun, take a shooting stance and point the object at the of?cers. Dnrnaplin yelled commands at Vessell and shots were ?red. Ruiz recalled that she and Bravo . were driving toward Dumaplin and Tallakson?s patrol car which had just arrived. Ruiz saw Vessell immediately take a shooting stance holding an object, which she believed was a gun, with both hands pointed at Dumaplin and Tallakson. The of?cers were getting out of their car standing behind their doors for cover and giving commands. Vessell did not comply and the shooting occurred. Of?cer Pacheco observed Vessel walk out of the Pleasant Holiday Motel. Pacheco saw Dumaplin and Tallakson negotiate a turn to contact Vessell. Vessell took a stance while holding ?a black dark object in his hand like he was holding a gun.? Vessell pointed the object at the of?cers. Tallakson got out of the patrol car and the shooting occurred. Commander Lopez August 22, 2014 Page 3 of4 Peter Hanby works at a tattoo shop on PCH. He stepped out to get a smoothie drink when he saw Vessel walking down the street ?kind of erratic like he was talking to someone.? Hanby saw the police car pull up and the officers say, ?Drop your weapon! Hands in the air!? Vessell turned around and stated, ?I?m a inarinet? Vessell placed his hand under his shirt and pulled something out and point the object at the of?cers at which time they began ?ring. Justin Lee was sitting in front of his family?s liquor store smoking a cigarette when he saw the police car pull over with the siren sounding. Vessel was walking down the street as an officer stated, ?Stop! Freeze! Let me see your hands!? Vessell ignored the of?cers and kept walking in a shooting position. The of?cers. ran back to their cars and then they ?red on ?Kenneth.? Lee explained that the of?cers tried to stop Vessell but he ?just kept walking and then he was going (sic) like shooting.? Responding of?cers spoke to Kevin Campbell at the scene and completed a field interview card (Fl) which noted that Campbell saw the police arrive and Vessell reach for his waistband and pull out a black object with red on it which looked like a ?Star Trek? gun. Detectives made numerous unsuccessful attempts to interview Campbell including repeated telephone calls, visits to his place of employment and issuing contact letters. Other Evidence A glass bottle of Seagrarn?s Seven Crown was recovered on the sidewalk directly in the path Vessel took and ?fteen feet west of where he was taken into custody. The bottle was dark and had a long neck to the opening. Based on the bottle?s dimensions, FID investigators believe it was the item Vessell pointed at the officers. Vessell was transported to Harbor UCLA Medical Center by the Los Angeles Fire Department where he was treated for gunshot wounds to his left bicep, armpit, lower right leg and a graze wound to his back. FID Detectives were unable to interview Vessel] at the hospital because he was heavily sedated. Vessell was charged in Case No. NAO96457 with resisting arrest in violation of Penal Code section 69, a felony. On January 14, 2014, Vessell was found mentally unfit to stand trial and committed to Patton State Hospital. This matter is presently set for jury trial on September 3, 2014. Amber Moe, Vessell?s cit-?girlfriend and mother of his two children, revealed that Vessell was diagnosed with paranoid schizophrenia when he was 19 years old, has been prescribed multiple medications for his condition and behaves erratically when he does not take his medication. Simon Lee, a reiative of Jason, has known Vessel! as a reguiar customer for ?ve years. The Lees had trouble with Vessell two days before this incident when he entered their store wearing the bandana on his face, sunglasses and a hat. Vessel tried to buy a beer but Simon did not recognize Vesseil and asked for identification. Vessel cursed and yetied at Simon and grabbed the beer causing it to drop and break. Vessel paid for the beer before leaving. Commander Lopez August 22, 2014 Page 4 of 4 LEGAL ANALYSIS California law permits the use of deadly force in self-defense or in the defense of others if it reasonably appears to the person claiming the right of self-defense or the defense of others that he actually and reasonably believed that he or others were in imminent danger of great bodily injury or death. People v. Humphrey (1996) 13 Cal.4th 1073, 1082; CALCRIM No. 505. The test of whether the of?cer?s actions were objectively reasonable is ?highly deferential to the police of?cer?s need to protect himself and others.? Mzmoz v. City of Union ity (2004) 120 Cal. App. 4?31 1077, 1102. If a person acted from reasonable and honest convictions he cannot be held criminally responsible for a mistake in the actual extent of the danger, when other reasonable men would alike have been mistaken. People v. Jackson (1965) 233 Cal. App.2d 639 CONCLUSION Of?cers Dumaplin and Tallakson responded to a robbery call. Vessel wore clothing, including a bandanna covering the lower portion of his face, which lead of?cers to suspect that he was potentially a robber. When Dumaplin and Tallakson tried to detain Vessell, he immediately took a shooting stance and pointed a dark object at the of?cers. Dnrnaplin and Tallakson reasonably believed Vessel was about to ?re a handgun at them. The of?cers were required to make a split second decision when they fired their weapons. They based their decision on what reasonably appeared to them at the time and their fear that Vessell posed a threat. Given the rapidly evolving, potentially dangerous situation that confronted the of?cers, we conclude that they were justi?ed in using deadly force against Vessell. We are closing our ?le and will take no further action in this matter. We ?nd that Of?cers Dumaplin and Tallakson acted in lawful self-defense and in defense of each other. Very truly yours, JACKIE LACEY District Attorney By STEPHANIE SPARAGNA Deputy District Attorney (213) 974-3888 C: Of?cer Steven Tallakson, #39523 Of?cer Irmina Dumaplin, #32070