Case details

Officer feared for life prior to shooting, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound, loss of society
FACTS
On Aug. 6, 2014, plaintiff’s decedent Michael Dozer, a 26 year old with a history of mental illness, was shot and killed at TMP Gas, a gas station located at the 2100 block of East Brundage Lane, in Bakersfield. Prior to the shooting, a 911 call was made by a gas station customer who reported that Dozer approached her and her family, took the gas pump from her vehicle, and caused gas to get on her, Dozer, and the ground. Dozer then allegedly proceeded to use a lighter to set him and the ground on fire. However, the fire burned for approximately 27 seconds and then went out. The 911 caller and another witness believed that Dozer was trying to blow them up, killing everyone at the gas station. Dispatch contacted Police Officer Aaron Stringer, who was driving nearby, and advised him that a caller reported that a black male subject threw gasoline on a female with a car load of kids. Stringer was also advised that the female was set on fire, but that she put it out and then fled. Upon arriving at the scene, Stringer was contacted by witnesses and the victim, all of whom identified Dozer as the individual responsible. Stringer then proceeded toward the area where Dozer was located. When Dozer saw Stringer, he picked up a U-shaped bike lock and proceeded to walk quickly toward Stringer. As a result, Stringer told Dozer that he just wanted to talk and that Dozer needed to stop. However, Stringer ultimately shot Dozer, who later died from his injury. Dozer’s mother, Leslie Crawford, sued Stringer and Stringer’s employer, the city of Bakersfield. Crawford alleged that Stringer was negligent for his use of unnecessary force and that the city was negligent in the hiring and training of Stringer. Plaintiffs’ counsel contended that Dozer, who suffered from schizophrenia, took medication and received mental health treatment, was no real threat to the police and that Dozer made no aggressive gestures or movements. Counsel also contended that Stringer did not observe anything that would have led him to believe that the caller had been set on fire at any point in time and that Stringer did not give Dozer any warning that he was going fire his weapon. In regard to Stringer’s training, plaintiff’s counsel noted that Stringer attended a police academy and was certified by the Peace Officers Standards and Training Council. Counsel contended that Stringer should have been trained that deadly force was only to be used when other means of control are unreasonable or have been exhausted and that deadly force is intended to be a force option of last resort. Counsel also contended that Stringer should have received training regarding the tactics that should be employed during police encounters with individuals who may be suffering from a mental illness and that Stringer should have been trained to know that an individual who is suffering from a mental illness — such as bipolar disorder or paranoid schizophrenia — may exhibit symptoms that are similar to those that would be exhibited by a person who is under the influence of phencyclidine (PCP). Plaintiff’s counsel noted that during the incident, Stringer was equipped with a functioning X26 Taser that was capable of shooting probes and operating in a “drive-stun” mode (which is generally considered to be a pain-compliance technique that is a lesser quantum of force than deploying the probes). Counsel also noted that Stringer was equipped with pepper spray and a baton. Thus, plaintiff’s counsel argued that any of the non-lethal options available to Stringer could have been used instead of shooting Dozer. Counsel further argued that Stringer’s use of deadly force showed that the city was negligent in the training of Stringer. Stringer claimed that he told Dozer multiple times to stop and get on the ground, but that Dozer continued to rapidly approach him. He also claimed that he had his gun drawn and that he only fired his weapon one time because Dozer was extremely close and had the U-shaped bike lock risen over his head as though Dozer had intended to strike him in the head. Defense counsel argued that Stringer was in fear for his life, as Dozer was aggressive, coming toward Stringer, and seemed to be intent on striking Stringer in the head with a deadly weapon. Counsel also argued that there was insufficient time for Stringer to charge the Taser and that there was no guarantee it would work. Thus, defense counsel argued that, given how close Dozer was to Stringer and given that Dozer had a weapon that could cause grave bodily harm or death, Stringer had no choice but to discharge his gun. Third-party witnesses confirmed that Stringer had no choice but to fire his weapon and that Stringer was defending himself and others from the use of severe bodily harm or deadly force by Dozer., Dozer was shot one time. He was subsequently taken to Kern Medical Center, in Bakersfield, for treatment of the gunshot would. However, he died during surgery. Thus, Dozer’s mother, Crawford, sought recovery of wrongful death damages for the loss of her son.
COURT
United States District Court, Eastern District, Fresno, CA

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