L.B. officer fired in shooting
Friday, December 03, 2004 - LONG BEACH — A patrol officer who fatally shot an unarmed man following a foot chase last summer was fired Friday.
Officer David Garcia, who had three years with the Long Beach Police Department, was notified Friday that a shooting review board recommended his termination and that the city manager and chief of police agreed with the decision.
"With the amount of training he was given, we found that he didn't perform to the level of our expectation with his amount of experience," the chief said Friday. "I can't say much more than that, other than it's a personnel matter."
The firing is a result of the July 16 shooting that left 22-year-old Keyante Reed dead after the Long Beach man flagged Garcia down near Orange Avenue and Broadway and later lunged for the officer's gun.
"In its entire circumstances, it's a very sad (case) for all involved, including Officer Garcia, who I don't see as a bad guy at all," Chief Anthony Batts said. "The one thing I think is very important for residents to know is that we still have the level of professionalism that we're expected to have. The vast majority of our Long Beach police officers handle these kinds of situations in a professional way that I am extremely proud of."
Garcia can appeal to the city's Civil Service Commission. If the commission confirms the decision made by City Manager Jerry Miller and Chief Batts, Garcia can then take his case to court, the chief said.
"It brings to the forefront what we believed all along, that it was unjustifiable. That there was no cause for the use of deadly force …," said Henry Reed, Keyante Reed's father. "We just want to try to pursue this through our legal consult, just kind of follow through on what the actions are going to be by the (civil service commission) …'
The father added, "We'll listen and take the course of action that's appropriate."
Reed was shot once while in the 1100 block of East Second Street following the brief confrontation and pursuit with Garcia. The chase and scuffle were witnessed by at least two pedestrians and one woman who watched from an apartment window.
It began at 11:05 p.m., when Reed yelled for help as Garcia drove past on Orange Avenue approaching Broadway. When Garcia got out of the patrol car, the Long Beach man — a Crip gang member, according to police — began cursing at the officer, according to accounts.
Reed began walking south on Orange toward Second Street, prompting the officer to get back in his patrol car and follow. About halfway between Broadway and Second, on Orange, Reed ran in front of Garcia's car. When Garcia exited his vehicle, Reed screamed, "Kill me, kill me now," witnesses told police.
Garcia unholstered his gun and held it down along his leg. Reed came closer and lunged, as though he were going to grab Garcia's arm. Garcia, however, was able to push Reed away.
Garcia called for backup and Reed began running west on Second in between cars and along the sidewalk. With his gun holstered, Garcia ran after Reed. At one point, the officer slipped and fell, police said.
The chase ended at a driveway, where Garcia said Reed crept behind a van. The officer placed himself on the opposite side and drew his revolver.
Garcia said that when he ordered Reed to put his hands in the air, the 22-year-old became enraged and started screaming and growling and rushed toward him. Reed was within about five feet of Garcia when the officer fired one round, striking Reed in the chest. He died the following day.
In the aftermath, Reed's family accused Garcia of using poor judgment by chasing Reed into the driveway, which they claim put him in a position where he had little option but to shoot if things got out of control.
Friday's announcement stunned the family, who said they were happy the city took a stand on the issue and hoped that it would help bring closure, as well as provide answers to a lot of questions about what happened.
"I am so glad that they finally took charge and let (Garcia) go," said Reed's aunt, Juanita Shorty. "Because it was wrong. What he done was wrong."
"I don't think training was the issue there," the chief said Friday. "He was given the proper amount of training. You have to take each one of these cases on an individual basis, based on the experience of the officer and what was reasonable for an officer of that tenure."
Stephen James, president of the Long Beach Police Officer's Association, said Friday night that the union has already filed an appeal.
"The reality is that we have to make split-second decisions, and there's no way for anybody to expect that we get every single split-second decision perfect," James said. "We do the best we can with everyone of them, and with our own individual abilities, our training and background."
"We certainly still do have an avenue left for appeal," James added. This is not a black-and-white issue. … It's an issue where an officer is stating how he felt when he acted and other people are saying that how he felt was unreasonable in their eyes. But they weren't there."
"When you have guys that are green riding in one-man cars, you're going to end up with situations like this," said one veteran officer, who spoke on condition of anonymity.
And James, who is a lieutenant in the department, said that from his own experience he knows that riding in two-man cars provides more security.
"I will say that I do believe that one-man cars lend themselves to these types of gray-area shootings. I don't believe that if this officer had had a partner with him at the time of the shooting, he would have felt the same level of fear that caused him to fire his weapon," James said. "Speculation can't prove anything, but I've worked a one-man car, and I've worked a two-man car, and there's a lot of comfort knowing you have backup … it makes all the difference in the world." Batts said he would like to have more two-man cars in certain areas of the city. But he added that the majority of officers who face similar situations with the same training as Garcia are able to resolve the matter without the same level of force.
"I think we have, probably, close to thousands of contacts like this in a year by a police officer, literally thousands … and we have successful conclusions where all parties, they go home and things and are handled professionally," the chief said. "I don't see that as being the case (here)."
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Long Beach Press Telegram
David Garcia let go in connection with death of Keyante Reed in July.
Drugs found
Tests showed Reed had opiates and marijuana in his system, and he was holding an open beer when he flagged Garcia down. A report of the incident was based on Garcia's statements, witness accounts, Garcia's radio dispatches for help, police reports and records from the Los Angeles County District Attorney's office.Officers angry
Several officers in the department, however, were angry as the news began to filter through the ranks. Many said that if Garcia was found to have used inappropriate tactics, the department should share in the criticism since it provided his training.Patrol staffing issue
Many officers criticized the city for not providing enough money to have more two-man patrol cars. Long Beach was one of the last departments in Southern California to do away with two-man patrol cars, and it is now lagging behind other departments returning to the practice, including the LAPD.Copyright © Streetgangs.com, All RIGHTS RESERVED. Disclaimer
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