Hayward police shooting raises questions [The Daily Review, Hayward, Calif.]
|By Rebecca Parr The (Hayward) Daily Review, The Daily Review, Hayward, Calif.|
|McClatchy-Tribune Information Services|
"Why was he shooting in the first place?" asked the 18-year-old. "And why did he shoot that many times? And why in the passenger seat? What they did was wrong."
Police say Troche fired because he believed the driver of the car,
Pakman's attorney said the officer fired recklessly into the car, killing Stoddard-Nunez in the passenger seat. Some experts in police procedure also raised questions about the officer's perception of the danger he faced, although others disagreed, saying the officer was justified.
"It was the officer who created the danger; it's the officer who should be prosecuted," he said. "He killed a 19-year-old kid who had been struggling; he had been in foster care his whole life. He was surviving, he was going to college, he was working ... and then is shot in
a reckless manner by this cop."
But court expert
Police have said that
Pakman, who was not shot, has been charged with Stoddard-Nunez's murder under the state's "provocative act" doctrine, which applies when a suspect commits an act that provokes someone into killing a third party. He also was charged with assault with a deadly weapon and driving while intoxicated. According to court documents, Pakman had a blood-alcohol level of 0.23 percent three hours after the shooting; the legal limit is 0.08 percent. Pakman, who is scheduled to enter a plea
The shooting happened about
The officer yelled for Pakman, 23, of
Police do not want violent confrontations, but all want to go home to their families at the end of their shifts, Weinblatt said. "Most officers are trying to do a difficult job under difficult circumstances for not enough pay. They want to do good. It sounds like he did what he had to do," he said
Troche fired nine rounds, and "strike marks on Pakman's vehicle demonstrated that rounds were fired in the direction of the driver," according to court documents. Bullets shattered the passenger's window and tore holes in the passenger side of the car.
"The officer was shooting into the car on the perpendicular. There was never any clear and present danger of my client harming the officer," Remer said. "Emptying your weapon with wanton disregard for the safety of others is unbelievable."
Whether Troche was justified in shooting at the car depends on what kind of risk the officer and his passenger faced, said
"I wouldn't want to be the
Such violent confrontations are rarely completely "clean," Weinblatt said. "If an officer feels threatened, he is allowed to fire at a vehicle, he said. "But once the threat has passed, the officer should cease firing. At what point would the officer have reasonably perceived the vehicle is going past him, not at him? These things happen fast."
Shawn was working and going college with plans to become an emergency medical technician or a chef. Jessie was on track to graduate from high school this summer.
"We were talking about making a band together, or becoming tattoo artists," Jessie said. "He was my best friend."
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