# San Jose, California OIS a&b po to wit MV. shooting into motor vehicle



## RodneyFarva (Jan 18, 2007)

I know the subject of shooting the operator of a motor vehicle being use to assault a police officer is somehow being scrutinized by several media outlets, legislative bodies and department admins writing SOPs and so forth. but yeah I'm just going to leave this here.





San Jose, California - San Jose police officers shot and killed a man last year as he drove a stolen car into a police sergeant, the District Attorney's Office has determined. In the late morning of May 4, 2019, Efren Esquivel, 24, stole a sheriff's deputy's personal car as it idled unoccupied outside her home. After being found, he refused to surrender when surrounded by officers and then tried to smash his way out of the blockade with the car. Before he ran over the officer he yelled, "You're gonna have to shoot me" or "You're gonna have to kill me." An autopsy determined that Esquivel was intoxicated with "a near-toxic" level of methamphetamines. Prosecutor Rob Baker wrote in the 30-page report: "When he drove at Sergeant (James) Mason at high speed, the officers had no other recourse to save Sergeant Mason than to discharge their firearms." "Had they not fired, the vehicle likely would not have come to a stop, allowing Esquivel to inflict greater injury to Sergeant Mason and possibly hit additional officers as he attempted to escape." An hour after he stole the car, a theft that was caught on a security video, San Jose police officers found Esquivel sitting in the vehicle in the carport area of an apartment complex located on Kollmar Drive in San Jose. After refusing repeated commands to surrender, Esquivel drove the stolen car into a police car, trying to smash his way out. Then, he drove at the police officers, crushing Sgt. Mason between the stolen vehicle and another car parked nearby. Mason suffered a broken shoulder and other injuries. Three officers, Aaron Alvarez, Edward Carboni and Sgt. Mason, fired their weapons


----------



## LA Copper (Feb 11, 2005)

I hope the sergeant recovers but......this could have and should have been avoided. With all the time they had, there was no reason for the sergeant to be run over. They even commented "Watch it, he's gonna come right towards us." Then why stand right in his escape path? Get out of the way! Take cover behind one of the many patrol cars there; anything but stand right in his path.


----------



## RodneyFarva (Jan 18, 2007)

Has anyone noticed especially in the past few months officers can be observed stabbing the tires while yanking someone out of their vehicle or slipping a stop stick under the where before a pursuit could ensue?


----------



## Tango_Sierra (May 20, 2010)

LA Copper said:


> I hope the sergeant recovers but......this could have and should have been avoided. With all the time they had, there was no reason for the sergeant to be run over. They even commented "Watch it, he's gonna come right towards us." Then why stand right in his escape path? Get out of the way! Take cover behind one of the many patrol cars there; anything but stand right in his path.


Staying out of the path of the car is the best way to go and cover but unfortunately, tunnel vision or not looking at the overall big picture takes over in some cases.


----------



## USAF286 (May 20, 2011)

That patrol dog should of been launched when that guy was standing on the hood of the car that he was able to get back into and then try and kill multiple cops.


----------



## CCCSD (Jul 30, 2017)

RodneyFarva said:


> Has anyone noticed especially in the past few months officers can be observed stabbing the tires while yanking someone out of their vehicle or slipping a stop stick under the where before a pursuit could ensue?


I have never seen anything like that, nor would I.


----------



## CCCSD (Jul 30, 2017)

USAF286 said:


> That patrol dog should of been launched when that guy was standing on the hood of the car that he was able to get back into and then try and kill multiple cops.


Does not meet criteria for a fur missle launch.


----------



## USAF286 (May 20, 2011)

Rather than letting him get back into the car and use it like he did?


----------



## CCCSD (Jul 30, 2017)

What’s the violent Felony prior to the car use?


----------



## LA Copper (Feb 11, 2005)

Tango_Sierra said:


> Staying out of the path of the car is the best way to go and cover but unfortunately, tunnel vision or not looking at the overall big picture takes over in some cases.


Agreed tunnel vision does happen, but we have to do our best not to let it because bad things like this happen. The supervisor at scene is supposed to help prevent these things from happening by standing back and supervising but it appears that didn't happen here. The crossfire with the K-9 handler is a good example. He should have been told to move immediately. They are lucky they didn't have an OIS against each other with the bad guy in the middle.

I can't speak for K-9s in other departments, but dogs in our area here are trained to "find and bark," not to bite unless attacked. This would not fit our criteria either, nor do our K-9s come out of their cars unless they're going to search. The K-9 in this incident antagonized the suspect into not complying and then bad things happened after that.


----------



## CCCSD (Jul 30, 2017)

Sort of like the SO K9 that was ventilated down south a couple of years ago... I’m STILL pissed off at those fucks.


----------



## Hush (Feb 1, 2009)

Didn't want to taze him? Standing on the car, damned if you do, damned if you don't. Sgt almost got pancaked, not a smart tactical play. It seems like fear of using force ends up in deadly force becoming the only option. Going aggressive fast could have kept this from escalating, but could have resulted in an excessive force complaint. 

Sent from my moto g(7) power using Tapatalk


----------



## LA Copper (Feb 11, 2005)

Hush said:


> Didn't want to taze him? Standing on the car, damned if you do, damned if you don't. Sgt almost got pancaked, not a smart tactical play. It seems like fear of using force ends up in deadly force becoming the only option. Going aggressive fast could have kept this from escalating, but could have resulted in an excessive force complaint.


I'm guessing they didn't Tase him at that point because it's actually against case law here in the land of the Ninth Circuit. Case law and therefore, Department policy changed around July 2018.

Because a number of suspects were either dying or getting hurt by less-lethal tools during incidents when they weren't actually "attacking" an officer, the Ninth Circuit enacted case law saying we can only use less-lethal when a suspect is "violently resisting or physically attacking." The "mere non-cooperation or threats to do harm" does not allow an officer to use less-lethal without first trying other options such as de-escalation or going hands on.

Even with this policy, this incident didn't have to happen the way it did and the sergeant didn't have to get hurt. I'm guessing his back and shoulders are pretty jacked up.


----------



## Danusmc0321 (May 21, 2012)

LA Copper said:


> I'm guessing they didn't Tase him at that point because it's actually against case law here in the land of the Ninth Circuit. Case law and therefore, Department policy changed around July 2018.
> 
> Because a number of suspects were either dying or getting hurt by less-lethal tools during incidents when they weren't actually "attacking" an officer, the Ninth Circuit enacted case law saying we can only use less-lethal when a suspect is "violently resisting or physically attacking." The "mere non-cooperation or threats to do harm" does not allow an officer to use less-lethal without first trying other options such as de-escalation or going hands on.
> 
> Even with this policy, this incident didn't have to happen the way it did and the sergeant didn't have to get hurt. I'm guessing his back and shoulders are pretty jacked up.


Ugggh. Just let him go and go get the desk guy a coffee. Stay away from cars. Your right, they had time to get out of the way. Run him back down, it's not worth the pain and injuries of getting thrown or run over. I've seen a lot of these videos lately with multiple cops on scene surrounding the perp. They are non-compliant or fighting, and the cops are doin this, talking, very little action, they have plenty of assets on scene to effect an arrest but don't, and the guy is building momentum so when they do engage he's more fired up and its worse. Or it's taser taser. The taser has no effect, taser taser, no effect. Every one there's 3+ cops, waiting on the taser. just bundle the dude. Arm bar, spear him, one take each arm get him cuffed. It's around the country where they are not going hands on, relying to much on taser. Sometime if you just do that, early on even just an escort position then cuff them before they work themselves up it snaps the persons brain out of the non-compliance. They could have walked over, had a cover, and yanked the guy off the car. Maybe it still would have been a shit show. But he exited the car, was starting to comply. They you gave him time to think about it. He starts to realize he has more control than he thought because even with multiple cops and a k9, no one is really controlling him and he is in charge of his actions instead of them.


----------



## Joel98 (Mar 2, 2011)

Danusmc0321 said:


> Ugggh. Just let him go and go get the desk guy a coffee. Stay away from cars. Your right, they had time to get out of the way. Run him back down, it's not worth the pain and injuries of getting thrown or run over. I've seen a lot of these videos lately with multiple cops on scene surrounding the perp. They are non-compliant or fighting, and the cops are doin this, talking, very little action, they have plenty of assets on scene to effect an arrest but don't, and the guy is building momentum so when they do engage he's more fired up and its worse. Or it's taser taser. The taser has no effect, taser taser, no effect. Every one there's 3+ cops, waiting on the taser. just bundle the dude. Arm bar, spear him, one take each arm get him cuffed. It's around the country where they are not going hands on, relying to much on taser. Sometime if you just do that, early on even just an escort position then cuff them before they work themselves up it snaps the persons brain out of the non-compliance. They could have walked over, had a cover, and yanked the guy off the car. Maybe it still would have been a shit show. But he exited the car, was starting to comply. They you gave him time to think about it. He starts to realize he has more control than he thought because even with multiple cops and a k9, no one is really controlling him and he is in charge of his actions instead of them.


Couldn't agree more. Cops are getting afraid to go hands-on, and that's not good.


----------



## Hush (Feb 1, 2009)

When he was standing on the roof, a gentle cruiser bump could have knocked him off. The time to tase would have been before he got back in the sunroof. 

Sent from my moto g(7) power using Tapatalk


----------

