The San Bernardino County District Attorney’s Office has completed its review of the officer-involved shooting that occurred on May 11, 2019. This incident happened in the city of Fontana and involved the Fontana Police Department. The San Bernardino County Sheriff’s Department investigated the shooting.
SYNOPSIS
On Friday, May 10, 2019, police officers from the Fontana Police Department went to a residence in the 14000 block of Nevada Court, in Fontana, regarding shots fired at a party.
The officers arrived and found a gunshot victim lying on the ground. Through the investigation, officers found two additional shooting victims at a local hospital.
The officers received information by interviewing witnesses, leading them to believe the shooting suspects would be at a party on Saturday, May 11, 2019.
Police officers set up surveillance on the party in the 16000 block of Applegate Drive in the city of Fontana on May 11, 2019.
At about 11:11 pm, the officers saw three males standing several houses away from the party. The officers saw one of the males, Devon Martel King, had a handgun in his pants’ waistband area. One of the males took the handgun from Mr. King.
Along with the male who now had possession of the handgun, Mr. King and a third male entered a red Chevrolet Impala. The Impala traveled out of the neighborhood toward Central Avenue.
Officer Joshua Patty and Sergeant Christopher Tusant were in a marked police car. Both officers wore civilian clothing with tactical vests over their clothing, marked with department badges on the front, and the letters “POLICE” embroidered on the front and back.
The officers conducted a traffic stop on the Impala near the intersection of Jurupa Avenue and Cypress Avenue. Before approaching the vehicle, both officers noticed there was a lot of movement inside the Impala.
Officer Patty contacted the driver at the driver’s door. Mr. King was seated in the front right passenger seat. Officer Patty told the occupants to put their hands on the headrest or dash in front of them.
Officer Patty saw there were open containers of alcohol in the vehicle. He asked the driver to exit the Impala and speak with him near the Impala’s rear, which he did.
While Officer Patty spoke to the driver, Sergeant Tusant stood on the south sidewalk, about 4′ south of the Impala’s passenger side. He could see inside the vehicle.
Sergeant Tusant heard Mr. King and another passenger in the vehicle exclaim, “Shit,” when they realized Sergeant Tusant was present on the scene. Mr. King quickly moved towards the driver’s seat, causing Sergeant Tusant to yell at Mr. King, “Get your hands up.” Mr. King failed to follow Sergeant Tusant’s orders.
Sergeant Tusant drew his handgun and pointed it at Mr. King. He did not shoot his handgun because Mr. King did not pose a threat to his safety at that particular moment.
Mr. King climbed over the center console and exited the Impala. He ran in a northeastern direction on Jurupa Avenue, into the darkness. Sergeant Tusant chased after Mr. King.
Sergeant Tusant was about 40 to 50 yards behind Mr. King. Sergeant Tusant gave Mr. King several orders to stop running and to put his hands up in the air. During the foot pursuit, Mr. King reached down towards his waistband, and he changed his stride. Sergeant Tusant feared for his safety, as he believed Mr. King was reaching for a firearm.
Sergeant Tusant continued to yell commands at Mr. King. Sergeant Tusant was alone and did not have any cover or concealment protecting him should Mr. King shoot at him. Sergeant Tusant was not in radio contact with dispatch, and he did not have any backup officers to assist him.
As Sergeant Tusant continued to chase after Mr. King, Mr. King attempted to go over an embankment but fell. Mr. King partially slid down a slope. As he tried to get up, Sergeant Tusant was able to close the distance between himself and Mr. King. When Sergeant Tusant was about 20′ from Mr. King, he could see Mr. King was holding a gun in his right hand.
Mr. King continued down the embankment to a small wall. Preparing to tackle Mr. King, Sergeant Tusant closed the distance from Mr. King to about five feet. Mr. King leaped off the embankment and colliding with Sergeant Tusant. Sergeant Tusant was knocked to the ground with such force that he believed he was shot.
Mr. King also fell to the ground, and Sergeant Tusant could see that Mr. King was holding a black object in his hand that resembled a handgun’s silhouette in the low light conditions. Mr. King quickly got up and began to run.
Sergeant Tusant didn’t feel he needed to shoot Mr. King, as he got up and turned away from Sergeant Tusant. As King ran, his posture changed, and his left arm stayed at his waist while dropping his right shoulder. Sergeant Tusant could not see Mr. King’s hands as Mr. King turned his upper body to the right and towards Sergeant Tusant.
Because Mr. King had been armed with a handgun moments earlier, Sergeant Tusant believed he was in immediate danger of death or significant bodily injury. Sergeant Tusant fired his handgun four consecutive times. Mr. King stopped running, and Sergeant Tusant did not fire his weapon any more as he believed Mr. King was no longer a threat.
Mr. King was treated by police officers and medical personnel on the scene and transported to a hospital for further treatment.
On July 11, 2019, Mr. King pled guilty to violation of California Penal Code Sections 29800(a)(1) – Possession of A Firearm By A Felon, and section 69 – Resisting An Executive Officer. Those sections specify:
Penal Code Section 29800(a)(1) – Possession of a Firearm By A Felon
Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
Penal Code Section 69 – Resisting An Executive Officer
Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
Mr. King was sentenced to two years in state prison.
CONCLUSION
The San Bernardino County Sheriff’s Department investigated this shooting. A review of the investigation, reports, evidence, and statements was completed by the San Bernardino County District Attorney’s Office.
Based on the facts presented in the reports and the applicable law, our office concluded that the officer’s use of lethal force was a proper exercise of his rights of self-defense and defense of others, and his actions were legally justified.
WHAT THE PUBLIC SHOULD KNOW
By providing a thorough explanation to the community regarding the review of officer-involved shootings, it is the intention of District Attorney Jason Anderson and the San Bernardino County District Attorney’s Office to maintain the community’s confidence and trust in its law enforcement officers and district attorney’s office.
Key Points of This Incident
- Police officers responded to a party where three people had been shot
- Police officers learned the shooters may be present at a party the following night
- The officers saw Mr. King had possession of a handgun
- Mr. King entered a vehicle containing other subjects and the handgun
- A traffic stop was completed by the police officers
- Mr. King ran from the vehicle with the handgun
- Mr. King was chased by a police officer who gave Mr. King numerous orders to stop running, which Mr. King did not do
- Mr. King caused the pursuing officer to be propelled to the ground, thus stopping the officer from chasing after Mr. King
- Mr. King turned towards the police officer in a manner leading the officer to believe his life was in jeopardy
- Mr. King was shot by the police officer
- A handgun was found near the scene, which later was tested and found to contain Mr. King’s DNA
Police officers are trained to respond to these types of situations, and they continually update their training as new situations and techniques are identified.
Additionally, police officers have equipment on their belts, vests, and vehicles, which they use to complete their duties.
Police officers are expected and authorized to use the equipment to protect themselves and others from suffering injuries or death. To some, watching a police officer using physical force against another person can be upsetting or disturbing.
Police officers prefer to use the least amount of force, whether it be their mere presence or verbal commands, to diffuse situations. However, in this situation, Mr. King refused to follow the commands given to him by Sgt. Tusant. The purpose of these commands is to keep Mr. King, Sgt. Tusant, and the community safe from injury or death.
When taking in the totality of circumstances as indicated above in the “Key Points” area of this article, it is reasonable for Sgt. Tusant to use the force he did to stop Mr. King from any more criminal activity and to prevent anyone who may be in Mr. King’s path of running from being injured or quite possibly, killed.
The community does not expect Sgt. Tusant to allow an armed, fleeing felon to get away and permeate into a residential or commercial neighborhood, where innocent lives would be quickly jeopardized. On the contrary, the community expects police officers to stop potential life-threatening incidents from occurring, at whatever cost to the individual law enforcement officer. Sgt. Tusant did just that on the evening of May 11, 2019; no one else involved or nearby this incident was shot or significantly impacted by Mr. King’s actions any further.
Mr. King decided to take possession of a firearm on May 11, 2019. Mr. King was on parole for robbery when he ran from Sergeant Tusant. The crime of robbery is when a person, in this case, Mr. King, steals property from a victim by using force or fear. Force can be through the use of a weapon or physical assault, and fear can be a victim believing physical violence may happen if they do not do what Mr. King wanted or demanded.
Mr. King also decided to be with another gang member on May 11, 2019, seated in the Impala with Mr. King. Part of Mr. King’s conditions of parole prohibited from having any contact with gang members.
Mr. King decided to run from the Impala and the police with the handgun. Sgt. Tusant gave Mr. King numerous opportunities to stop running from the police, which Mr. King ignored.
Mr. King decided to propel his own body into Sgt. Tusant when Sgt. Tusant was very close to Mr. King. Mr. King continued to run from Sgt. Tusant, and then decided to turn towards Sgt. Tusant in a manner leading Sgt. Tusant to believe his life was in jeopardy.
Mr. King is solely responsible for all of his actions during this incident, including his injuries when he was shot by Sgt. Tusant.
THE OFFICER INVOLVED SHOOTING REVIEW TEAM
The district attorney’s office has always reviewed officer-involved shootings in San Bernardino County.
Upon taking office, District Attorney Jason Anderson wanted a dedicated team of trained and experienced deputy district attorneys and investigators to review these shootings and respond to the scene of shootings.
The review unit did not respond to this shooting scene as the new team’s design, development, and protocols were still being developed.
Please visit SBCountyDA.org/ois to learn more about this team.
As the district attorney’s office, we realize the entire community is affected when force is used by the police, regardless of the situation or circumstances. Our responsibility is to ensure that all parties involved in cases such as the one involving Mr. King acted lawfully.
NEWS COVERAGE
Fontana Herald News – Armed man is shot and wounded by Fontana officers, according to police
San Bernardino Sun – Man armed with handgun shot after fleeing traffic stop in Fontana, police say
KTLA 5 – Armed Ex-Felon Shot in the Leg by Police During Late-Night Foot Pursuit Near Fontana Church
ORIGINAL NEWS RELEASE
Unavailable
DISTRICT ATTORNEY PUBLIC RELEASE MEMORANDUM
View/Download San Bernardino County District Attorney’s Office Public Release Memorandum: Devon King