John Provo Died In Crescent City Police Shooting On The 2700 block of Peveler Avenue
CRESCENT CITY, CALIFORNIA (May 24, 2022) – A 72-year-old man identified as John Provo has tragically died in Crescent City after being shot by Del Norte County police officers along Peveler Avenue.
Del Norte County officials are saying that the incident took place around 9:10 a.m. on May 9. Deputies were apparently responding to a 5150 call after John Gilbert Provo failed to pass his driving test.
Under California Penal Code 5150, police officers are allowed to detain a person for up to 72 hours if they are considered to be a danger to themselves or others due to a mental disorder. John Provo was shot by police officers under unclear circumstances.
Paramedics were called to the scene of the accident in order to help the victim. Despite life-saving measures, the man died due to his injuries.
The Del Norte County District Attorney has not released many details about what led up to the shooting. But they are investigating the possibility of criminal liability associated with the incident.
A full investigation into the Crescent City police shooting of John Provo remains ongoing at this time.
Liability In Crescent City Police Shootings
Far too many people are killed or seriously injured every year in police shootings. According to the Washington Post, 1,041 people were shot and killed by police officers in 2021. People who are suffering long-term or temporary mental illness are 16 times more likely to be killed by police officers. In fact, more than 20% of the people killed by police officers every year were experiencing a mental health crisis. There are a number of steps that police departments should take in order to help reduce police shootings.
- Officers should be properly trained to recognize when a suspect is experiencing some type of mental health crisis.
- Officers should be trained to de-escalate situations with suspects who are experiencing a mental health crisis.
- Officers should always use the least amount of force necessary to get subjects to comply with their demands.
A police department could potentially face civil liability if they shoot and kill someone. According to California Penal Code 835a. (1), “That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.” Officers are only allowed to use lethal force when it is necessary to defend human life and may face civil liability if they use excessive force.
If a police officer does use excessive force, the department that they work for could be held at fault. In general, police departments are liable for the negligent actions of their officers who are acting within the scope of their job duties. What constitutes “excessive force” under the law in California has been expanded by California Assembly Bill 392. The bill allows prosecutors to consider the actions of a police officer leading up to a shooting when deciding whether deadly force is justified. In other words, a police officer’s use of lethal force may constitute excessive force based on their decisions leading up to a shooting – even if a shooting is considered justified were it viewed in isolation.
Consider, for example, the case of Tabares v. City of Huntington Beach (9th Cir., Feb. 17, 2021, No. 19-56035) 2021 WL 609854. Mr. Tabares was experiencing a mental health crisis before he was fatally shot by a Huntington Beach police officer. A court held that California’s negligence law is broader than the 4th amendment in cases involving excessive force. The officer failed to follow police protocol for dealing with suspects that are experiencing a mental health crises. In particular, the officer failed to de-escalate the situation before killing Mr. Tabares. There are a number of steps that should be taken after any police shooting.
- Body camera footage from all officer’s involved should be sought.
- An officer’s conduct leading up to the shooting should be examined.
- Eye witnesses should be interviewed.
- A thorough, independent investigation should be conducted.
The family of any victim that died in a police shooting may be able to seek some measure of justice through California Code of Civil Procedure 377.60. Damages in a civil claim can help cover lost wages, medical bills and funeral expenses. Sadly, though, police departments in California will often do everything in their power to deny responsibility when their officer kills someone. A civil rights lawyer can examine all of the unique facts of your case free of cost and let you know what your legal options are.
Investigating A Crescent City Police Shooting
We at TorkLaw extend our deepest condolences to the family of John Gilbert Provo. Any person that may have more information about what happened should reach out to police. It is deeply troubling that Crescent City police officers would shoot an elderly person in this way. There are a number of questions that need to be answered. Did the police officer involved in this shooting try to de-escalate the situation? Were they adequately trained? Has this officer faced excessive force complaints in the past?
Do you need more information about a Crescent City police shooting? Our team of civil rights advocates are here to answer any questions that you may have. We care deeply that victims are aware of their rights and that police departments are held to account for their actions. Whether you just have legal questions or need a free, independent investigation into an incident we are here for you. You can reach out to us anytime at (888) 441-4991.
