SAN JOSE, Calif. — San Jose police say their use of deadly force was justified after a 30-year-old man was struck by a patrol vehicle and fatally shot by nine officers during a confrontation that unfolded in front of civilians, according to reporting by The Mercury News.
Mohamed Husien was evading arrest when he was hit by a police vehicle and shot multiple times by officers, The Mercury News reported. Video footage reviewed by the newspaper suggests a chaotic and potentially disorganized police response that may have endangered bystanders.
According to The Mercury News, Husien and an officer were shooting at one another during the encounter. Husien then attempted to hijack another vehicle when a police car struck him, an action the newspaper reported could have injured a civilian.
Roger Clark, a use-of-force expert and former Los Angeles County sheriff’s lieutenant, told The Mercury News that, while Husien’s actions appeared to justify an initial use of deadly force, it was unlikely he continued to pose a credible threat after he fell to the ground or after being run over by a police vehicle.
Investigators identified nine officers as having used deadly force, either by shooting at Husien or by driving over him with a patrol vehicle, according to The Mercury News. Investigators also raised concerns about why a police vehicle ran over Husien after he fell to the ground and why officers continued firing after he no longer appeared to pose a serious threat.
Under the San Jose Police Department’s policy manual, deadly force is permitted to prevent the escape of a person suspected of fleeing a violent felony, The Mercury News reported. However, federal guidance from the U.S. Department of Justice Vehicular Pursuit Guide, the Police Executive Research Forum, the National Highway Traffic Safety Administration and the Office of Community Oriented Policing Services recommends that agencies assess the risks of initiating or continuing vehicular pursuits.
Clark said officers are generally discouraged from using vehicles as a means of force because of the danger involved. He told The Mercury News that stronger discipline and command structure may have prevented Husien from being run over.
Police officers operate within a chain of command and established procedures designed to reduce risk and prevent additional loss of life.
The National Highway Traffic Safety Administration states that if officers can apprehend a traffic violator or criminal suspect through safer methods, they should do so. The agency also notes that officers who know a suspect’s identity may be able to apprehend them later in a less dangerous setting, such as their home.
San Jose police justified their actions in part by pointing to injuries sustained by Officer Gerardo Silva, who was grazed in the head during the shootout. The Mercury News reported that Silva was hospitalized and later released with a skull fracture.
Greg Woods, a criminology professor at San Jose State University, said it is critical to understand both departmental policies and the severity of the threat posed. San Jose police have said body-worn camera footage from the incident will be released within 45 days, which may provide additional insight into officers’ decision-making during the pursuit.
The San Jose police manual allows officers to use vehicles when it is “objectively reasonable to do so,” according to The Mercury News. However, the department did not immediately respond to questions about why officers continued firing after a patrol car struck Husien.
Officers not only struck Husien with a vehicle but continued shooting him multiple times, The Mercury News reported.
Lisa Hill, a criminal justice professor at Cal State East Bay in Hayward, said high-speed pursuits increase risks to public safety. During Husien’s alleged crime spree, no civilians were reported to have been injured until an officer was shot during the pursuit.
The Mercury News also cited a statement from police Sgt. Joseph, who described the incident as the culmination of a four-day period of criminal activity. “It was a battle for that sergeant’s life, unfolding in the middle of our city, in broad daylight, with members of the public in the crossfire,” Joseph said.
The Police Executive Research Forum reports that 75 percent of offenders say they would slow down when they felt safe. The Justice Department recommends alternative tactics, including remote tracking through drones or GPS technology, as safer options for apprehending suspects without endangering civilians.
According to The Mercury News, officers continued shooting at Husien as he lay on the pavement after being struck by a patrol vehicle rather than attempting to disarm him, during a pursuit that could have proven fatal for pedestrians.
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