no" "roe, LOS ANGELES COUNTY DISTRICT OFFICE BUREAU OF FRAUD AND CORRUPTION PROSECUTIONS JUSTICE SYSTEM INTEGRITY DIVISION . - JACKIE LACEY-District Attorney scam Ky *0 m5 SHARON a. MATSUMOTO - Chief Deputy District Attorney JOSEPH P. ESPOSITO - Assistant District Attorney August 29, 2014 Conanander 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 #1lw0751 L.A.P.D. DR #1 1-0325038 Dear Commander Lopez: The Justice System Integrity Division of the Los Angeles County District Attorney?s Of?ce has completed its review of the November 19, 201 I, non~fatal shooting of Kamisha Davidson by Los Angeles Police Department (LAPD) Of?cer James Sexton. We have concluded that Of?cer Sexton acted lawfully in selfndefense and defense of others. The District Attorney?s Command Center was noti?ed of the shooting at 7:30 am, on November 19, 2011. The District Attontey Response Team, comprised of Deputy District Attorney Fernando Guzman and District Attorney Senior Investigator Heinz Naas, responded to the location. They were given a brie?ng regarding the circumstances surrounding the shooting and a walk- through of the scene. The following analysis is based on investigative reports, forensic science ?rearms analysis reports, photographic evidence and witness statements prepared by the Los Angeles Police Department submitted to this of?ce by LAPD Sergeant Jamie Bennett. The compelled statement of Of?cer James Sexton was not considered in this analysis; the compelled statement of Of?cer Elden Marquez was considered in this analysis. FACTUAL ANALYSIS On November 19, 2011, between 3 :30 and 4:30 am, Donna Haynes telephoned the Los Angeles County Department of Mental Health to request assistance for her adult daughter, Kantisha Davidson, who was in a ?mental health crisis? at their residence.I At 5:09 am, Haynes was connected with LAPD Comatmications Division (CD) and requested a Los Angeles County Mental I The location of the call was a two bedroom, second floor apartment within a two-story, mold-unit apartment complex accessible by a main entrance security gate. Clara Shortridge Fottz Criminal Justice Center 210 West Temple Street Los Angetes, CA 90012-3210 (213) 974w3888 Fax: (213) 620-1208 WEBSITE: Commander Lopez August 29, 2014 Page 2 of 6 Health Evaluation Team (PET Team) reapond to her residence. Haynes informed the CD Operator that Davidson was becoming violent.2 At 5:44 am, uniformed Southwest Patrol Division Of?cers James Sexton and Elden Marquez arrived at the location of the call.3 Of?cers Saxton and Marquez attempted to gain access to the apartment complex but the front security gate was locked. Marquez contacted CD via his radio and requested Haynes step out and open the locked gate, but he did not receive a response. Marquez made a second request to CD and after approximately ten minutes was advised that the gate was now open. The of?cers checked the gate again and found it was still locked. Saxton and Marquez left the location, began driving to Southwest Police Station and were then informed by CD that Haynes had unlocked the front gate. The of?cers returned and found the front gate was still locked. As the of?cers walked towards their police vehicle, Haynes arrived at the hunt gate and met with the of?cers. Haynes informed Saxton and Marquez that her daughter, Kamisha Davidson, was diagnosed as bipolar with schizophrenia and Davidson had been released from the hospital two weeks earlier but had not taken her medication since her release. Davidson was acting extremely violent and had threatened to kill Haynes and Davidson?s twin sister, Alisha Davidson. Davidson had physically assaulted Alisha?s three year-old daughter, Aleyah, and had punched holes in the apartment wall.4 Davidson had torn things up inside the residence and slammed a door on Haynes? hand, causing pain to Haynes? hand and wrist} Haynes did not know if Davidson was armed or under the in?uence. Haynes advised Sexton and Marquez that Davidson was in the rear bedroom of the apartment and Alisha and Aleyah were in a separate bedroom. After receiving the information ?om Haynes, Marquez put out a broadcast requesting an ambulance for Haynes. Sexton and Marquez advised Haynes to wait for the paramedics while they went to Haynes? apartment to investigate. As Saxth and Marquez walked to the apartment, Marquez armed himself with a Taser in his right hand, and held it behind his right thigh, pointed in a downward position. The of?cers announced their presence at the front door, received no response and entered the front door. After clearing the living room and kitchen areas, Sexton and Marquez proceeded towards the bedrooms. As of?cers entered the hallway, they observed closed doors to the south and west, and a bedroom to the north with an open door. Davidson occupied the bedroom to the north with the open door. Sexton knocked on the closed and locked door to the south while Marquez stood behind him maintaining cover on the closed door to the west and the bedroom occupied by Davidson. Alisha opened the door and told Sexton that Davidson had been released from a hospital two weeks earlier and had not been taking her medication. Alisha said that when Davidson is not taking 2 At 5:11 am, CD issued a broadcast of a violent female with mental illness. A description of the individual and the address was included in the broadcast. 3 Sexton and Marquez were both equipped with a .40 caliber Model 22, semi-automatic handgun, two spare magazines, Oleoresin Capsicum spray, a baton, ballistic vest and two pairs of handcuffs on their equipment belts. Marquez also carried an X46 Thomas A Shift Electronic Ri?e (TASER) in his pocket. 4 In an interview with FID detectives, Haynes did not mention that Davidson assaulted Aleyah. 5 Haynes told FID detectives that Davidson inadvertently slammed the door on her hand. Commander Lopez. August 29, 2014 Page 3 of 6 her medication, ?Some days she?s OK. She still talks to herself. She?ll hit herself, scratch her forehead, hit her head, knock her head on the wall, she cusses at whoever she?s talking to, tell them to leave her the fuck alone, she goes off, really goes off, and what she?s going to do them, nobody sees the person she?s saying this to, she hears them. She only gets violent with herself, she?s never gotten violent with anyone else.? Alisha added that Davidson is very different and calmer when she takes her medication and urged the of?cers to go and talk to her. Sexton cleared the remaining room, a bathroom, and took a position in the hallway just east of Marquez. Davidson was inside the north bedroom, in the bed under a blanket. Marquez asked Davidson a series of questions in an attempt to build a rapport with her. Davidson became verbally aggressive and responded, ?Fuck Get the fuck out of my house. I?m not fuckin? crazy. I don?t take any medication. Who are you? You don?t belong in my house. You have no right to be here. I don?t want to fuckin? talk to you.? Due to Davidson?s behavior, Marquez decided to request assistance, handed Saxton the Taser and walked down the hallway to the kitchen to call and notify the Watch Commander (WC) of their status. Sexton remained in the hallway and stood in front of a closet door. Marquez advised the WC that Davidson met the criteria for a ?5150 hold? and was not cooperating. Marquez was told to contact the Mental Evaluation Unit (MEU) and that two patrol cars and a sergeant would respond to assist. Los Angeles Fire Department (LAP D) Rescue Ambulance (RA) Fire?ghters Edward Morgan and Brant Pulliarn responded to the call for service and met Haynes outside of the apartment. Haynes told them that Davidson had slammed her hand in the door, received treatment with an ice pack and declined further treatment. Morgan, Pulliarn and Haynes then walked to the apartment to see if the of?cers needed assistance. The of?cers advised Morgan that Davidson would not speak with them and asked him to try to talk with her. Morgan walked into Davidson?s bedroom, advised her that he was with the Fire Department and asked if she needed anything. Davidson said she was having problems with her mother because she wanted Davidson to take her medication and was stealing her money. Morgan believed Davidson appeared to be aggressive, had no medical issues for him to address and concluded it was a police matter only. Morgan and Pulliarn then lett the location. Marquez was on the phone with an of?cer from Real-Tirne Analysis and Critical Response Division (RACR) and requested MEU personnel to respond. Marquez heard Sexton state, ?What are you doing?? Concerned about his partner?s safety, Marquez returned to Saxton?s location in the hallway outside of Davidson?s bedroom and observed that Davidson was now standing in the doorway. Davidson yelled, ?Get the fuck out the way, this is my house! I?m going to leave, you can?t stop me!? The of?cers repeatedly told Davidson to relax and calm down. Davidson attempted to exit the bedroom door and walked with both ?sts clenched towards Saxton and Marquez.6 Marquez positioned himself in the hallway to block Davidson?s path and she raised her hands in front of her body. As Davidson tried to exit, Marquez grabbed her left arm and Sexton 5 At the time of the incident, Davidson was five feet, six inches in height and weighed 250 pounds. Commander Lopez August 29, 2014 Page 4 of 6 grabbed her right wrist and right upper axon. Sexton gave Davidson verbal commands to stop resisting but she did not comply. Marquez attempted to place Davidson?s left arm behind her back but was unable to do so because Davidson straightened out her arm and held it rigidly in place, causing Marquez to slam against the wall. Marquez again attempted to place Davidson?s left arm behind her back and she bit him on the left shoulder.7 Marquez tried to push Davidson away, however she knocked him to the ?oor. Davidson violently swung her arms and kicked at the of?cers. While still on the ?oor, Marquez broadcast a request for backup. As Marquez stood up, he observed Davidson, who was in a squatting position, grab and pull a white stick containing protruding nails from the wall in the hallway.8 Marquez, disoriented ?orn being slammed against the wall and knocked to the ?oor, could not recall what Davidson did with the stick after grabbing it from the wall. Sexton ?red one round from his service pistol. Davidson dropped the stick, staggered several steps and fell to the ?oor. She was then handcuffed without further incident.9 Paramedics transported Davidson to UCLA Medical Center, where she was treated for a gunshot wound to the abdomen. Marquez was treated and released by paramedics at Southwest Police Station for a possible head and back injury. Sexton was treated and released for a groin and left arm injury at California Occupational Clinic. At the time of the shooting, Sexton was armed with his department issued Glock .40 caliber ?rearm. Prior to the of?cer-involved?shooting, the ?rearm was loaded to capacity with one round in the chamber and 15 rounds in the magazine. A postwincident examination by FID revealed Saxton?s ?rearm contained one round in the chamber and fourteen rounds in the magazine. This information is consistent with Sexton having ?red one round during the of?cer?mvolved-shocting. LEGAL ANALYSIS I 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. Penal Code 197; People v. Roadie (2005) 35 Caldm 987, 994 (overruled on another ground in People v. (2009) 45 Cam:m 1172, 1201); People v. Humphrey (1996) 13 Calal?h 1073, 1082; see also, CALCRIM No. 505. In protecting himself or another, a person may use all the force which he believes reasonably necessary and which would appear to a reasonable person, in the same or similar circumstances, to 7? Marquez? shirt was recovered and a DNA analysis revealed the presence of Davidson?s saliva on the shirt. 3 A white plastic raceway molding conduit was recovered at the scene. The conduit measured five feet long, .72 inches thick and .72 inches wide, and contained four one and one-quarter screws with the points protruding from the base. The screws protruded from the base ofthe conduit and ranged in size from one inch to 1.02 inches. A DN analysis revealed the presence of at least three individual's profiles on the conduit including Davidson?s. 9 On July 22, 2014, Davidson was convicted of a violation of Penal Code section 148(c)(1) in Los Angeles Superior Court case number and was sentenced to one year in jail. Commander Lopez August 29, 2014 Page 5 of 6 be necessary to prevent the injury which appears to be imminent. CALCRIM No. 3470. If the person?s beliefs were reasonable, the danger does not need to have actually existed. Id. ?Where the peril is swift and imminent and the necessity for action immediate, the law does not weigh in too nice scales the conduct of the assailed and say he shall not be justi?edin killing because-he might have resorted to other means to secure his safety." People 1). Collins (1961) 189 Cal.App.2d 575, 589. ?The ?reascnableness? of a particular use of force must be judged from the perspective of a reasonable of?cer 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 splitmsecond judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation.? Graham v. Conner (1989) 490 US. 386, 396-397. - CONCLUSION The evidence examined in this investigation shows that Donna Haynes reported that her daughter, Kamisha Davidson, was having a violent mental health crisis, and Of?cers James Sexton and Elden Marquez responded to the call of a violent female with a mental illness. When Of?cers Sexton and Marquez arrived at the location, Haynes told them about Davidson?s mental health crisis, that she had slammed Haynes? hand in a door, and that she had also become physically violent with three year old Aleyah. Sexton and Marquez attempted to gain Davidson?s cooperation by speaking with her, but Davidson was Verbally aggressive towards the of?cers. Due to Davidson?s verbally aggressitfe response and Haynes? report of Davidson?s physical violence, Marquez; attempted to obtain MEU personnel to respond the location. Concerned about his partner?s safety, Marquez returned to Saxton?s location when he heard Sexton ask Davidson, ?What are you doing?? Davidson was standing in the doorway yelling, ?Get the fuck out the way, this is my house! I?m going to leave, you can?t stop me!? as the of?cers repeatedly told her to relax and calm down. Sexton and Marquez attempted to physically block Davidson from leaving but she resisted, causing Marquez to slam against the wall. Davidson bit Marquez and then knocked him to the ?oor. Davidson violently her arms, kicked her legs at the of?cers, and then armed herself with a ?ve foot long piece of molding with four screws sticking out of it. In reasonable fear of great bodily injury to himself and Of?cer Marquez, Sexton ?red one round from his service weapon, striking Davidson once in the abdomen ending the threat. Commander Lopez August 29, 2314 Page 6 of 6 Given the rapidly evolving, life threatening situation that confronted Of?cer Saxton, we conclude that he acted lawfully in self-defense and defense: of others. We are therefore closing our ?le and will take no further action in this matter. Very tmly yours, JACKIE LACEY District Attorney 0: Of?cer James Saxton #39017