Feb 2024. Blues Vol 40 No. 2

were reasonable.
The question is whether or not
the use of deadly force was reasonable.
ONE OF THE INVOLVED OFFI-
CERS. SOME QUESTIONS
If I were the investigator on this
case. Here are some of the questions
that I would ask:
Was the caller/witnesses asked if
Mr. Dimas had access to a gun?
Was there briefing with the other
involved officers (prior to going on
scene) where a force array was
established?
Was there a plan on which force
option would be utilized first?
Were you aware that other officers
deployed less lethal force
options?
Did you hear the other officers
say “Taser, taser, taser” or “Beanbag,
beanbag, beanbag”.
Did you perceive a deadly threat?
What was that specific threat?
Why did you utilize deadly force
before it was determined if the less
lethal options were successful?
Whether or not this OIS was
objectively reasonable, within
department policy, and/or within
the law will likely hinge on the
answers to these questions and the
objective evidence that supports/
contradicts the officer’s statement.
Drill that was under clothing held
like a gun.
OTHER FACTS
After the OIS. it was discovered
that Mr. Dimas was armed with
a knife and a cordless drill. The
cordless drill held under the clothing
did resemble a handgun.
FINAL THOUGHTS
I could make an argument that
this was a case of sympathetic fire
- that the officer fired his weapon
only because the other officers
fired their (less lethal) weapons.
That this was a tactical error made
under stress.
I could also make an argument
that the officer honestly believed
that Mr. Dimas was holding and
pointing a firearm at police officers.
Why would a person pretend
to point a gun at police officers? If
the officer waits until rounds start
coming down range - it is too late.
Either argument could be made
with a clear conscience…
Instead. I will make the point
that if an OIS seems complicated
from the comfort found behind the
safety of body cam footage - it is
exponentially more complicated in
a split, intense, and stressful quarter-second.
It is important for investigators,
prosecutors, and department leaders
to ask questions and then know
when to wait for the answer before
establishing an official finding.
But. If pressed. It is likely that the
officer thought that Mr. Dimas was
pointing a gun. If that perception
was reasonable then the use of
deadly force would be a proper respond
to that threat. The actions of
the other officers are a moot factor
if there was reason to believe that
a deadly threat was immediate.
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