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Friday, 14 August 2009 00:57

District Attorney Finds Lethal Force Justified In Thompson Case

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slide1.pngSan Andreas – Calaveras County District Attorney Jeffrey Tuttle released the findings Thursday of his independent investigation into the officer-involved shooting of Michael Thompson, finding Sheriff’s Deputies were justified in the use of lethal force. Tuttle referenced Penal Code Section 196, which “provides that use of lethal force is justifiable when necessarily committed by public officers to overcome actual resistance in the discharge of a legal duty.” On the morning of May 27, 2009, Detectives Rick Dibasilio, Alan Serpa and Wade Whitney acted on a information received by the Sheriff’s Department that Michael Thompson was a suspect in a string of local vehicle thefts, including a white IROC Camaro. Subsequent to the search of Thompson’s residence, Detective Serpa noticed a white IROC Camaro while on patrol in San Andreas. Serpa recruited Detectives Dibasilio and Whitney to assist in following the vehicle, which eventually stopped at the residence of Jimmy Guadagnolo, an associate of Michael Thompson. Once at the residence, the detectives noticed the white Camaro in the driveway. Detective Dibasilio approached the vehicle and discovered Thompson, who was later reported to have been putting water in the car’s radiator. Thompson walked to the driver’s side. After announcing his presence and ordering Thompson to stop, Dibasilio reached through the window and attempted to turn off the vehicle. Tuttle said “Thompson stepped hard on the gas pedal and the vehicle accelerated in reverse.” Dibasilio was knocked off his feet and, using his grip on the car, “righted himself and ended up with his lower rib cage resting on top of the driver’s door as the car whipped around in reverse.” Adding to the confusion of the situation was the car’s exhaust emission system, which was reportedly “very loud – like a destruction derby car.” Detective Serpa reportedly feared Dibasilio would be dragged under the vehicle “in a heart beat and he would have been run over.” Because both O’Neill and Dibasilio were in his line of fire, Serpa opted to use his taser to subdue Thompson but was unsuccessful. Serpa stated that he heard shots after he fired the taser and saw Detective Whitney shooting his weapon at the windshield. The vehicle hung up on a planter box and the rear wheel lost traction. District Attorney Tuttle said that “after the Camaro came to rest, the officers noticed the ignition had been “punched” – a common technique used by car thieves to start a car without the keys.” Tuttle concluded that Detective Whitney “discharged his weapon to necessarily overcome actual resistance in the discharge of his legal duties a peace officer.” Tuttle said “Deputy Dibasilio was in danger of serious injury or death from the actions of Michael Thompson…so the use of deadly force was clearly necessary.” Thompson received minor injuries and is currently in custody at the Calaveras County Jail. Witness Meghan O’Neill refused to give a statement to the DA Investigator. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.m
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