The Down Range Forum
Member Section => Down Range Cafe => Topic started by: david86440 on June 17, 2010, 07:52:29 PM
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This is the DA's report concerning the old lady that got killed by police over the census worker threat.....
June 17, 2010
For Immediate Release
Officer-involved Shooting
On May 20, 2010, at around 10:00 p.m. officers of the Yuba City Police Department responded to the report of a handgun having been brandished at a census worker by a female occupant at 764 Mariner Loop. Officers went to the scene and subsequently arrested Mr. Lionel Patterson. In the course of the events, Ms. Victoria Rogers-Vasselin threatened officers with a shotgun and was fatally shot by Yuba City Police Officers. The Sutter County District Attorney has determined that the shooting was justified, that the officers acted in self-defense and that no criminal charges will be filed against the officers who fired. Sutter County District Attorney Carl Adams commented, “The death of Ms.
Victoria Rogers-Vasselin is very sad and my sympathy certainly goes out to her family. Nevertheless, it is quite clear that the officers clearly and reasonably were in fear for their lives and fired only after the victim refused to put down the weapon and continued
to advance.”
After the shooting the Yuba City Police Department called the District Attorney’s Office to take over the investigation of the officers who fired to determine if their actions were legal and justified. Six District Attorney’s Investigators under the command of Chief Investigator Bill Kellogg responded to the scene and conducted the Officer involved shooting investigation. They were given access to all aspects of the police investigation as well as the full cooperation of the witnesses, including members of the victim’s family.
A person has the right to use deadly force when one reasonably believes that the immediate use of deadly force is necessary to defend against suffering great bodily injury or death, either to themselves or to another person. This is the self-defense rule that applies to peace officers as well. It is therefore important to look at what the officers knew at the time they made the decision to fire.
The initial incident involved a female census worker being threatened with a firearm. The worker went to the door to routinely collect census information. The worker met with Mr. Patterson, who shut the door in her face. She knocked and told Mr. Patterson that all she wanted was information and if she didn’t get it, someone else would have to come again. Mr. Patterson then became cooperative and was talking
with the census worker when a female came up behind him and pointed a handgun at the census worker’s face. The worker ran from the house and reported the brandishing of the weapon.
Five officers of the Yuba City Police Department met, discussed the prior incident at the residence and went to the house to talk with the suspects and secure the weapon. Four of the officers took up positions around the front walk and the investigating officer, Catherine Alestra, knocked on the door. There was no answer at first, so the officer knocked again. The door was opened by Mr. Patterson, who had a
handgun in his hand and pointed the gun at the officer about a foot from her face. Officer Alestra stepped back and to her right, stumbled and crawled rapidly away from the door. Other officers began yelling for Patterson to drop the weapon as Alestra confirmed that a gun had been pointed at her face. Mr. Patterson moved back from the door for a moment, then returned without the weapon and with his hands raised. He was directed out to the front walk with his hands over his head. Mr. Patterson confirmed there was a female still inside. Officers began to watch the door and continue to cover Mr. Patterson, who was outside on the walk, about ten feet from the doorway. Officer Santanna yelled, “I have the door,” indicating he had a clear view and was watching that direction.
At this point officers noticed the barrel of a shotgun coming forward through the door. The officers began yelling, “Police” and “Drop the gun.” Officer David Krause was in the yard to the left of the door in the area where Officer Alestra had retreated. He
yelled, “We are the Police. We will shoot you if you don’t drop the gun.” Officer David Santanna was at the front pillar near Mr. Patterson but on the right side of the walk facing the house. He observed a naked white female adult coming forward holding a shotgun with the barrel level and at approximately waist-height. He could see the woman’s grip on the gun stock and the trigger area, in position to fire.
Officer William Wolfe was at the corner of the house at the front walk on the left side as you face the house. He observed the woman advancing and also noted the barrel to be aimed forward and level. Officer Wolfe’s weapon was drawn and pointing at
Mr. Patterson. Fearing for their prisoner as well as the officers, Officer Wolfe yelled, “Shoot her, shoot her.”
At the same moment, Officer David Krause, standing in the yard to the right of the door observed the barrel and the person’s arms clear the door and come into his view as she advanced. He saw the barrel begin to swing in his direction and made the decision to fire.
Officer David Santanna, still at the pillar to the right of the walkway also observed the barrel’s movement and thought that the woman was trying to find a target. He fired at the same moment as Officer Krause. Santanna fired one initial round. Krause fired
twice. Santanna looked at the target and saw the barrel still pointing in his direction and fired three more rounds in rapid succession.
Victoria Rogers-Vasselin was hit four times and fell backward into the house, fatally injured. An ambulance was called. Mr. Patterson was secured in a patrol car and the scene was secured for follow-up investigation. Officers Krause and Santanna, who fired at virtually the same moment, were confronted by a situation that created a reasonable fear of great bodily injury or death to themselves or others. Their decision to fire was based on their own observations and their individual judgment. Their decision was clearly shared by Officer Wolfe, who was the
Officer yelling to shoot the suspect at the same time. Officer Alestra was more removed from the scene, having retreated to a position behind Officer Krause, and Officer Williams was behind Mr. Patterson with no good line of fire so their failure to fire is
understandable.
Both Officers Krause and Officer Santanna waived their right to remain silent and gave complete and voluntary statements to the District Attorney’s Office. While the death of Ms. Rogers-Vasselin is very sad, it is clear that all the officers tried to avoid that outcome and that the decision of Officers Krause and Santanna to fire was legal and justified. Under all the circumstances, it was the necessary thing to do. Which leaves the question of why did this all happen? No complete and positive answer is possible but the investigation disclosed that Ms. Rogers-Vasselin had both a high level of alcohol and anti-depressant drugs in her system. The house was packed and the victim was moving out to live with a relative due to a foreclosure. Family members reported that the victim had spoken recently of suicide and right after the shots were fired, two of the officers heard Mr. Patterson cryptically comment, “That’s what she wanted.”
The District Attorney concludes that the officers were all visible as they all reported seeing each other and that they were all audible as they all reported hearing each other communicate and yell at the suspects to put down the guns. The victim must be assumed to have seen and heard the same things and to have chosen to ignore the warnings. The officers acted legally and justifiably and will not be charged with any crime. The Yuba City Police Chief will be advised of this conclusion.
Carl V. Adams
District Attorney of Sutter County
(530) 822 - 7330
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Well, yeah, this was a foregone conclusion. Five heavily armed cops against one old lady with a shotgun, of course it was "justified". The fact they fired when all they saw was a barrel, well, that's just normal, right?
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Path, justified is a huge word, " they saw just a shotgun barrel sticking out " if I was pointing a weapon of any sort toward a threat, I hope that is all they would see, but not to threaten, if its time to point, its time to fire. Could this have been talked down, I would like to think so. Bad deal all around. Right or wrong, new law enforcement are taught all the bad stuff that can happen when you relax, in a domestic dispute, the near beaten to death wife, may spring up and defend her man, with a dinner fork and win, at least on 1 officer. The new credo is " I am going home ", I don't disagree with it, but it leaves a lot of territory open to discussion.
Back on the original subject, you should not have to answer your door to anyone, you don't know or if you feel it is not right, census workers be damned. Just Don't open or answer the door.