By Robert Phillips
Deputy District Attorney (Ret).

Estate of Hernandez v. City of Los Angeles (9th Cir. Mar. 21, 2024) 96 F.4th 1209:

I previously briefed this “use of deadly force” case (See California Legal Update, Vol. 29, #7; July 1, 2024), where I questioned the need to use deadly force by an officer confronted by a man apparently armed with a knife (turned out to be a boxcutter) who was still over 40 feet away from the officer, aggressively approaching her, when she shot him six times. My suggestion that the officer may have shot the deceased too quickly brought forth a number of comments—pro and con—from you readers. Note that this case has been scheduled for rehearing before an en banc panel (11 justices) of the Ninth Circuit. It is certainly a subject that deserves some further evaluation.

Publisher Note: For those interested in reviewing the bodycam recording of the officer-involved shooting, please click here (Viewer discretion is advised as the video content may contain graphic or violent imagery). Video and still by Los Angles Police Department.