i were." LOS ANGELES COUNTY DISTRICT OFFICE c. BUREAU OF FRAUD AND CORRUPTION PROSECUTIONS g, JUSTICE SYSTEM INTEGRITY DIVISION 43' JACKEE LACEY - District Attorney SCOTT K. GOODWIN - Director 0 SHARON J. MATSUMOTO - Chief Deputy District Attorney JOSEPH P. ESPOSITO Assistant District Attomey September 24, 2014 Captain Deane Harris Homicide Bureau Los Angeles County Sheriff?s Department 5747 Rickenbacker Road Commerce, California 90040 Re: J.S.I.D. File #13-0679 L.A.S.D. File #Ol3u06012-6893-013 Dear Captain Harris: The Justice System Integrity Division of the Los Angeles County District Attorney?s Of?ce has completed its review of the October 6, 2013, fatal shooting of Darrell Atkinson by Los Angeles County Sheriff?s Department (LASD) Deputy Paul Morales. We have concluded that Deputy Morales acted in lawful self-defense. The District Attorney?s Command Center was noti?ed of this shooting on October 6, 2013, at approximately 5:00 pm. The District Attorney Response Team, comprised of Deputy District Attorney Amy Pellrnan Pentz and District Attorney Senior Investigator Mike Moursalian, responded and was given a brie?ng and walk-tincugh of the scene by LASD Lieutenant Dave Doison. The following analysis is based upon reports and photographs submitted to this of?ce by Detective Joe of the Homicide Bureau. No departmentally compelled statements were considered in this analysis. FACTUAL ANALYSIS On October 6, 2013, at 3:45 pm, LASD Deputies Charles Bruce and Paul Morales were assigned to the Bus Riding Team at Transit Services Bureau. Deputies Bruce and Morales were dressed in LASD uniform and conducting patrol in a marked black and white patrol vehicle. Their duties included patrolling bus lines, conducting patrol along the bus routes, and travelling on buses while in uniform. Bruce was the driver and Morales was seated in the right front passenger seat of the vehicle. Clara Shortridge Fonz Criminal Justice Center 210 West Temple Street Los Angetes. CA 90012-3210 (213) 974-3888 Fax: (213) 620-1208 WEBSITE: Captain Duane Harris September 24, 2014 Page 2 of 5 The deputies completed a stop of a bicyclist on Venice Boulevard near the 10 freeway for riding a bicycle on the sidewalk. After issuing the bicyclist a warning, they proceeded eastbound on Venice Boulevard. As they were travelling, Bruce pulled the patrol vehicle to the south curb of Venice Boulevard to read additional information that was posted on the vehicle?s Mobile Digital Terminal (MDT). They stopped under the 10 freeway overpass and Bruce began to read the information sent via the MDT. As Bruce read the MDT, Morales looked out his window and observed a line of shopping carts positioned parallel to the concrete underpass wall to the 10 freeway. Morales saw a man, later identi?ed as Darrell Atkinson, on the ground crawling between the shOpping carts and the concrete wall. Morales told Bruce that he was going to contact Atkinson and exited the vehicle. Morales walked toward Atkinson and stopped approximately 10 feet from him, with the shopping carts positioned between them. Morales asked Atkinson, ?What are you doing over there?? Atkinson stood up and looked at Morales, but did not verbally respond to the question. Morales took a few steps closer to Atkinson and again asked, ?What are you doing?? Atkinson again did not answer Morales? question and continued to stare at him. As Morales questioned Atkinson, Atkinson?s hands were in front of his body and obscured by the shopping cart between them. Morales was concerned that he could not see Atkinson?s hands and ordered him to show his hands. Again, Atkinson did not reSpond and continued to stare at Morales. Morales stepped closer to Atkinson, so that only a shOpping cart separated their bodies. Morales again ordered Atkinson to Show his hands. In response, Atkinson lifted his hands and placed them in the shopping cart. The shopping cart was ?led with several items which obstructed Morales? View of Atkinson?s hands. Morales repeatedly ordered Atkinson to show his hands. Atkinson, appearing angry and agitated, responded, ?Fuck you!? Morales, concerned with Atkinson?s demeanor, drew his service weapon and pointed it at Atkinson. Atkinson pulled a wooden dowel from the cart and held it in both his hands in front of his body.1 Morales ordered Atkinson to drop the dowel. Atkinson did not comply, mumbled something incomprehensible, walked around the shopping cart, and quickly approached Morales. Morales ordered Atkinson to ?Stop!? and ?Drop the club!? Atkinson mumbled something that Morales could not understand and continued to walk towards Morales while holding the dowel in one hand extended out toward Morales. Morales repeatedly ordered Atkinson to drop the dowel and began to retreat. As Morales walked backwards to increase the distance between himself and Atkinson, Atkinson quickened his pace, closing the gap between them. As he advanced towards Morales, Atkinson appeared to be angry The wooden dowel measured approximately 16 inches long and I inches in diameter. Captain Duane Harris September 24, 2014 Page 3 of 5 and raised the dowel, as if preparing to strike. Morales, believing that Atkinson was going to strike him in the head with the dowel, fired his service weapon several times.2 After firing his weapon, Morales continued to retreat and reassessed the threat that Atkinson posed. Atkinson remained standing and walked toward Morales. Morales again discharged his service weapon. Atkinson turned around and walked back towards the shopping carts. He leaned over a shopping cart, collapsed onto his knees, and fell to the ground. Bruce approached, requested assistance and medical attention for Atkinson, and covered Atkinson with a blanket from the patrol vehicle.3 Paramedics arrived and tranSported Atkinson to CedarsSinai Medical Center. At approximately 6:15 pm, Atkinson succumbed to his injuries. On October 12, 2013, Deputy Medical Examiner Lawrence Nguyen, M.D., performed an autopsy on Atkinson and ascribed the cause of death as multiple gunshot wounds. Gildardo Floreszubio and his son, Hector Flores-Canett, were driving east on Venice Boulevard and witnessed the incident. Rubin saw two deputies inside a patrol vehicle parked on Venice Boulevard. One deputy exited the car and approached a long line of shopping carts. Atkinson, who Rubin had seen sleeping in the same area previously, approached the deputy with a stick in his hand. Atkinson raised the stick above his head as if he was going to attack the deputy and advanced toward the deputy. The deputy said something short and loud that Rubin believed was a command to Atkinson. Atkinson continued to walk towards the deputy. The deputy drew his weapon, retreated, and ?red at Atkinson. Canett observed a patrol vehicle parked on the south curb of eastbound Venice Boulevard. A deputy exited the vehicle and walked towards a row of shopping carts near the underpass wall. Atkinson was laying down near the wall. As the deputy approached, Atkinson stood up holding a stick in his hand. Atkinson walked toward the deputy, holding the stick as if he were going to hit the deputy. Canett said, ?Look dad. He is trying to hit the cop!? Atkinson swung the stick at the deputy in an overhead motion. The deputy retreated and ?red his weapon. Chrisopher Lenk was riding his bicycle westbound on the north shoulder of Venice Boulevard when he heard a voice yell, ?Get down!? Lenk looked to the south side of eastbound Venice Boulevard and saw a deputy standing near the rear of a police vehicle with his gun drawn. Lenk saw Atkinson walking toward the deputy. Lenk heard several gunshots and saw Atkinson walk a few steps before falling to the ground. Lenk focused his attention on the deputy and was not sure if the suspect was holding anything at the time of the incident. 2 Morales estimated the distance between them as 5-6 feet. Wtiness Gildardo Flores~Rubio believed that Morales and Atkinson were 3-4 meters apart at the time Morales ?red. 3 Deputy Bruce did not see the entire incident. Bruce was inside the patrol vehicle when he saw Atkinson walk around the shopping cart towards Morales hoiding a large dowel down by his leg. Atkinson advanced toward Moraies as Morales retreated. Atkinson raised the dowei over his head as he walked toward Morales, appeared angry, and said, ?Fuck you!? As Bruce exited the patroi vehicle, he heard fiva to Seven gunshots. Captain Duane Harris September 24, 2014 Page 4 of 5 Morales was armed with his duty weapon, a Beretta model 92FS 9mm semiautomatic firearm. This ?rearm has the maximum capacity of sixteen rounds. When examined after this incident, the ?rearm contained a total of nine rounds. Seven expended 9mm casings were recovered at the scene? Morales ?red a total of seven rounds. Atkinson was 44 years old at the time of his death. He was 6?2? tall and weighed 258 pounds. CONCLUSION According to the law in California, a person acted in lawful self?defense or defense of another if (1) he reasonably believed that he or someone else was in imminent danger of being killed or suffering great bodily injury and (2) he reasonably believed that the immediate use of deadly force was necessary to defend against that danger. CALCRIM No. 505. If the person?s beliefs were reasonable, the danger does not need to have actually existed. CALCRIM No. 3470. The right of self-defense is the same whether the danger is real or merely apparent. People v. Toledo (1948) 85 Cal.App.2d 577. ?The ?reasonableness? of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than the 20/20 vision of hindsight. . .The calculus of reasonableness must embody allowance for the fact that police of?cers are often forced to make split-second judgments-win circumstances that are tense, uncertain, and rapidly evolvingmabout the amount of force that is necessary in a particular situation.? Graham v. Conner (1989) 490 US. 386, 396-397. Actual danger is not necessary to justify the use of deadly force in self-defense. If one is confronted by the appearance of danger which one believes, and a reasonable person in the same position would believe, would result in death or great bodily injury, one may act ?upon those circumstances. The right of self-defense is the same whether the danger is real or merely apparent. People v. Toledo (1948) 85 Cal.App.2d 577. The evidence examined in this investigation indicates that Deputy Paul Morales approached Darrell Atkinson, who was lying on the sidewalk near several shopping carts under the 10 freeway. Morales twice asked Atkinson ?What are you doing?? Atkinson did not respond verbally, but stood up and stared at Morales. Morales could not see Atkinson?s hands and ordered him to show his hands. Atkinson angrily responded, ?Fuck you!? Morales, concerned, drew his weapon and Atkinson removed a wooded dowel from the shopping cart. Morales ordered Atkinson to drop the dowel Atkinson was using as a weapon. Atkinson did not relinquish the wooden dowel. Instead, he walked around the shopping cart and quickly approached Morales. Morales repeatedly ordered Atkinson to drop the dowel and retreated in an attempt to distance himself physically from Atkinson. Atkinson closed the distance between them and raised the weapon as if he were going to strike Morales. Morales, in close proximity to 4 Six casings were recovered on the date of the incident. Detectives recovered a seventh casing on October 7, 2O 13 when they returned to canvass for potential witnesses. Captain Duane Harris September 24, 2014 Page 5 of 5 Atkinson and forced to make a split~second decision in a tense, uncertain, and rapidlyuevolving situation, ?red his duty weapon at Atkinson. We conclude that Deputy Paul Morales was placed in reasonable fear of imminent danger of death or great bodily injury by Darrell Atkinson?s actions and acted lawfully in self?defense when he used deadly force. We are therefore closing our ?le and will take no further action in this matter. Very truly yours, JACKIE LACEY District Attorney :4 AMY PELLMAN PENTZ Deputy District Attorney (213) 974-3888 0: Deputy Paul Morales #435984