4, LOS ANGELES COUNTY DISTRICT OFFICE I "is BUREAU oF FRAUD AND CORRUPTION PHOSECUTIONS g, JUSTICE SYSTEM mrsom?rv ownsaon STEVE coost a District enemy JANICE L, mum; . Director JACQUELYN LACEY 9 Chief Deputy District Attomay PATRECK R. 0 Assistant District Attorney September 14, 2012 Captain David Smith Homicide Bureau Los Angeles County Sheriff?s Department 5747 Rickenbacker Road Commerce, California 90040 Re: 13.1.13. File #12-0017 L.A.S.D. File mama-0530-013 Dear Captain Smith, The Justice System Integrity Division of the Los Angeles County District Attorney?s Of?ce has completed its review of the January 4, 2012, fatal shooting of Eng by Los Angeles County Sheriff?s Department (LASD) Deputy Brain Vance. We have concluded that Deputy Vance acted in law?il self-defense and in the defense of others. The District Attorney Command Center was noti?ed of this shooting at 7:55 pm. on January 4, 2012. The District Attorney ReSponse Team (DART) comprised of Deputy District Attorney Paul Nunez and Senior Investigator Sean Robinson responded immediately to the scene. They were given a brie?ng of the circumstances surrounding the shooting and a walk- through of the scene. The following analysis is based upon reports, photographs and recordings submitted to this of?ce by LASD Homicide Bureau Detectives Kevin Acebedo and Phillip Martinez. The voluntary statement of Deputy Vance was considered as part of this analysis. FACTUAL ANALYSIS On June 4, 2012 at 3:24 P.M., Dr. Glenn Masuda, Director of the Asian Paci?c Family Center (Family Center) located at 93 53 Valley Boulevard in Rosemead, called 94-1 to request assistance with Jazmyne Eng, with a hammer in the lobby telling people to stay away from her. Masuda amused the dispatchr that th .. In response 0 the sque a, nan Vance, A 13011 Melendez, and Jeremiah Song 9-1-1 can, LASD Depni responded to the location. Clara Felt: Criminal Justice Center 210 West Temple Street Los Angetes, CA 90012-3210 {213} 9743888 Fax: {213} 6204 208 Captain Smith September i4, mm Page 2 of 3 At approximately 3 :30 pan, the deputies met Matsuda in the parking lot of the Family Center to receive more information about Eng?s behavior and directions to her exact location in the multi- roorned location?lidasuda told the deputies that Eng was displaying erratic, ?bizarre behavior? and that she was hanging out in the parking lot for several days. Eng was currentl sitting in the waiting room but she did not have an appointment to see her mental health doctor. Deputies formed a tactical plan on how to approach Eng. Esqueda was prepared to use non~lethal force while Vance was assigned to have lethal force ready only if the situation called for it. Deputy Vance entered the lobby of the amin Center with Esqueda, Melendez and Song. Upon entry, Vance observed Eng standing approximately 10 to 15 feet away from him by the Northeas corner of the lobby. Eng was yelling incoherently and was holding a hammer in her right hand raised next to her head. Esqueda instructed Eng to drop the hammer but she was noncompliant and continued to yell. Eng advanced toward the four deputies and Vance ordered Esqueda to use the taser in order to subdue Eng. Esqueda discharged two darts from his taser, striking Eng in her left euro area and her lower torso. Although the taser darts struck Eng, they were unsuccessful in subduing her. Eng continued her aggressive behavior and again charged toward the deputies with the raised hammer. Vance discharged one round from his service weapon in response to Eng?s second advance. The round struck Eng in the torso area but she charged toward the deputies with the hammer raised a third time. Vance ?red a second round that struck Bag and caused her to fall to the ground. Security Guard Richard Anderson had approached Eng prior to the 9-?l-l call to investigate whether Eng had a suitable reason to have the hammer in her lap. When Anderson asked Eng what she was doing with the hammer she told him to get away. Anderson then left and waited for the sheriffs to arrive. While waiting, Anderson saw Eng grab the ?Sparklettes? water bottle in the lobby and begin to pull it from its stand. As Anderson was ordering Eng to stop pulling on the water bottle, deputies entered the lobby. Anderson moved out of the way but saw that Eng was still holding the hammer. Anderson then heard a deputy yell ?taser her? followed by a buzzing sound. Anderson left the area and did not see the events following the buzzing sound. Masuda met the deputies in the parking lot and then followed them into the lobby. Masuda heard them yell ?drop the hammer? several times. Eng raised the hammer to head level and took steps toward the deputies. A deputy used a taser which made Eng halt and bend over momentarily. Masada saw Eng get back up and raise the hammer again. Matsuda heard what he believed were 1 three shots but did not see who ?red them. Paramedics treated Eng at the scene but they were unable to revive her. She died as a result of her gunshot wounds. CONCLUSION California has well settled law that the use of deadly force in self-defense situations or in the defense of otheis is perrpigpible if it reasonably appears to the person claiming the right of self . Captain Smith September 14, 2012 Page 3 of 3 defense that he actually and reasonably believed he or others were in imminent danger of great bodily injury or death. People v. Mercer, Cal. App.2d 153 (1962). In protecting himself or another, a person may use all force which he believes reasonably necessaiy and which would appear to a reasonable person, in the same or similar circumstances, to be necessary to prevent imminent injury. California Criminal Jory Instructions 3470. Where the peril is swift and imminent and the necessity for action is immediate, the law does not weigh into nice scales the conduct of the assailed and say he shall not be justi?ed in killing because he might have resorted to other means to secure his safety. People v. Collins, Cal. App. 2d 575 (1961). 7 The evidence examined shows that Eng was in possession of a hammer and charged toward the deputies repeatedly while ignoring their commands to drop the hammer. The deputies used non- lethal force to subdue Eng but the taser had no effect. Eng charged again, putting the deputies in imminent fear of great bodily injury. Deputy Vance responded with deadly force. We conclude that Deputy Brian Vance acted in lawful self-defense and the defense of others. We are closing our ?le and will take no further action in this matter. Very truly yours, STEVE COOLEY - Distr tAttorney By it We PAUL NUNEZ Deputy District Attorney (213) 974-3 880 0: Deputy Brian Vance, 430186