Feb 2024. Blues Vol 40 No. 2

GUEST COMENTARY police

GUEST COMENTARY police law news Daniel Carr Officer Involved: David Dimas A case of Sympathetic Fire? This Officer-Involved-Shooting (OIS) involved multiple police officers deploying multiple applications of force at the same time. That fact alone is not necessarily surprising - as officers often perceive the same threat unfolding in real time. This case is different because both less lethal and lethal force were deployed - at the exact same time. HERE’S WHAT HAPPENED… THE CALL On December 15, 2023 police officers in Mesa, Arizona were dispatched to a residence in reference to a domestic dispute. The information provided to dispatch from the caller (a family member) is that a 27-year-old man named David Dimas had locked himself inside of a shed on the property and started setting “fires” in the shed. Additional information was provided that Mr. Dimas was armed with a knife and that he had attempted to harm himself. THE RESPONSE Multiple officers with the Mesa Police Department responded to the scene. Appropriately, the officers responded with a “force array”. A force array is when officers respond to a situation with a multitude of force options (both less lethal and lethal). In this case the responding officers were equipped with (and assigned to deploy with) a Taser and beanbag shotgun - as well as lethal force. FORCE ARRAY, THE THREAT As officers approached the shed, Mr. Dimas exited and began walking toward officers. His hands were not visible to officers and were concealed underneath some sort of fabric/clothing. The officers gave Mr. Dimas reasonable commands such as, ”David, show me your hands!” “Show me your hands!” and “Stop what you are doing!” Instead of following the easily digestible orders from police officers - Mr. Dimas further escalated the situation by leaving his hands concealed and then rapidly moving into a “shooting stance” and pointing at the officers. Essentially, he positioned his body and held out hands as someone would if they were shooting a gun. SHARED USE OF FORCE One officer deployed a Taser. Another officer simultaneously fired a beanbag shotgun. A third officer also fired rounds from his handgun. Mr. Dimas sustained critical injuries but survived. ANALYSIS Once Mr. Dimas took the “shooting stance” any reasonable officer in this situation would have perceived a threat. At minimum - Mr. Dimas had committed a felony, was armed with a knife, and was not following the instructions of officers. Therefore, it is not even a question whether or not the use of less lethal force options (Taser/beanbag) 24 The Blues - February ‘24

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. The Blues - February ‘24 25