Delfino Avila Died In San Bernardino Police Shooting Not Far From 1464 Union Street
SAN BERNARDINO, CALIFORNIA (December 5, 2022) – A man identified as Delfino Avila was shot and killed by San Bernardino police officers not far from Union Street.
San Bernardino County officials are saying that the incident took place around 10:42 a.m. on Wednesday. San Bernardino police officers were responding to reports that a man had allegedly set a palm tree on fire.
Officers encountered Delfino Avila in the driveway near a home. He was holding some type of wooden instrument and was hit with a stun gun by officers.
At some point officers opened fire with their service weapons and shot the man. Paramedics were called to the scene in order to help the man.
Sadly, Delfino Avila died at the scene. A full investigation into the accident remains ongoing at this time.
Liability For San Bernardino County Police Shootings
The job of police officers is to serve and protect. But far too often, police officers resort to lethal force when better options are available. According to one report from the Washington Post, 1,037 people were killed in police shootings in 2021. There are a number of factors that can lead up to a police shooting. Suspects who are in the middle of a mental health crisis are around 16 times more likely to be killed by police officers. There are many steps that police departments should take in order to prevent fatal shootings.
- Police officers should be well trained at de-escalating conflicts with suspects.
- Police officers should always use the least amount of force necessary for a given situation.
- Police officers should be well trained to deal with suspects in the middle of a mental health crisis.
A police department could potentially be liable for shooting and killing a suspect. Pursuant 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.” When a police officer uses excessive force and kills a suspect, this could form the basis of a negligence claim. There are a number of steps that should be taken after any fatal police shooting.
- Body camera footage from all officers involved should be reviewed.
- Surveillance footage should be examined.
- Eye witnesses should be interviewed.
- The officer’s pre-shooting decisions and commands should be reviewed.
Under California law, an officer’s pre-shooting decisions could make their use of lethal force unjustified. This is true even if an officer’s actions appeared justified immediately prior to shooting a suspect. For example, an officer should take all of the appropriate actions when they are dealing with a suspect exhibiting signs of a serious mental illness. The family of any person that is killed in a police shooting may have legal recourse through a wrongful death claim. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A San Bernardino County Police Shooting
We at TorkLaw extend our deepest condolences to the family of Delfino Avila. Any person that may have more information about what happened should reach out to police. There needs to be a thorough investigation for the sake of all who have lost so much.
Do you need more information about a San Bernardino County police shooting? Our team of personal injury attorneys are here to answer any legal questions that you may have. We care deeply that victims of excessive force are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into any incident we are here for you. You can reach out to us anytime at (888) 441-4991.
