Additional information
and facts not previously released
Elk
Grove, California – On
March 12, 2020, the Elk Grove Police Department released a video depicting the
arrest of two (2) suspects who engaged in a violent altercation with employees
during a robbery at the Burlington Coat Factory on June 5, 2019. This
video omitted relevant facts available to the officers, and failed to consider
the applicable legal standards governing the officers’ actions. The
appropriateness of the officers’ actions is in the process of being
adjudicated.
Because
the Department released selective information regarding this incident prior to
affording Officer Schmidt his due process rights, this video is being released
to provide the public all relevant facts constituting the “totality of the
circumstances” and the legal justifications for force. Under A.B. 392,
law enforcement use of force is evaluated under the “totality of the
circumstances”, defined as all facts known to the peace officer at the time,
including the conduct of the officer and the subject leading up to the use of
force.
MastagniHolstedt, A.P.C., a law firm specializing in representing first responders and
their employee associations, asked Sean McCann, an expert in police tactics and
training, to review the video released by the Elk Grove Police Department, as
well as the dispatch advisements to the officers. This video contains Mr.
McCann’s opinions on the appropriateness of Officer Schmidt’s actions.
Here
is a link to the video produced to discuss the additional facts and provide the
analysis: