San Bernardino County Deputies examine the Chevy Tahoe driven by Nicholas Johnson at more than 100 mph traveling southbound in the northbound lanes of the 215 Freeway before being stopped by deputies in September, 2015.

How Could Sheriff’s Deputies Be Justified In Shooting, From A Helicopter, At A Suspect On A Freeway? Well, it depends…

Understanding the Totality of the Circumstances Is Really Important

The Guardian’s The Counted reports on the killing by police of of one Nicholas Alan Johnson, who on September 18, 2015 was shot by police firing from a helicopter. Johnson was unarmed at the time.

The summary tells the story of how, “Johnson, a home burglary suspect, was shot by deputies from a helicopter during a high-speed chase. He collapsed after fleeing his SUV when he crashed into another vehicle.”

Of five stated facts (other than Johnson’s name) in the summary, two are significantly incorrect, and one is so incomplete as to be misleading.

Definitionally speaking, there were some problems with the account summary. A “home burglary” involves illegal entry into a dwelling with the intent to commit theft. But Johnson was not wanted for home burglary of any kind.

“The pursuit…reaching speeds in excess of 100 miles per hour … then entered the northbound 215 freeway traveling southbound at a high rate of speed into oncoming traffic…”

And, while “High-speed chase” sounds very dramatic, the summary omits one aspect of the chase that would have sounded even more exciting. I suspect they did so because, had they described accurately the chase, even the most inattentive reader would have immediately gleaned some key context that might have tended to make the police action here look more sympathetic — if not downright heroic.

Which it was.

As I have pointed out before, in policing( and in policing stories), context is everything. Officers firing from a helicopter is (as one would hope) a rare event. The last time San Bernardino County Sheriff’s deputies fired at a driver from a helicopter was in 2001.

Why would these cops go to such lengths on this case?

Some of the other extensive media coverage available gives context: “The drama began when deputies tried to arrest the holdup suspect during the lunch hour Friday in Fontana,” writes the Press-Enterprise, referring somewhat more accurately to the crime of which Johnson was suspected. A “holdup” is not a burglary but rather a robbery (the taking of property from an individual using of threats or violence).

Actually, according to the Associated Press, CBS News, the Press-Enterprise, NBC Los Angeles and several other news outlets quoting Sheriff’s department sources, including an official press release from the Sheriff’s Department, Johnson was wanted by police in connection with a far more heinous crime than home burglary or robbery: he was wanted as a suspect in a home invasion robbery in Devore on Thursday, September 17th. A Home Invasion robbery is a truly terrifying crime, during which someone forcibly enters the home of another and commits robbery. It is a very serious crime.

Still, clearly, a home invasion yesterday surely doesn’t rise to the kind of exigent circumstances that would justify helicopter gunships today, right?

Well, according to every news outlet mentioned above and then some, and according to the Sheriff’s statement, the reason was that, when Sheriff’s Specialized Enforcement Division deputies recognized and tried to stop Johnson’s Chevy Tahoe, Johnson fled and, “refused to stop, and a pursuit was initiated at approximately 12:49 p.m. The pursuit continued through Fontana and San Bernardino, reaching speeds in excess of 100 miles per hour with the suspect running several stop signs and red lights, narrowly missing several pedestrians. The suspect then entered the northbound 215 freeway traveling southbound at a high rate of speed into oncoming traffic continuing to jeopardize the safety of the public.”

That’s right, Johnson was driving 100 miles an hour the wrong way on the freeway and through city streets at lunchtime. When the deputy in the helicopter fired “several” shots at the suspect’s vehicle, the Sheriff’s Department statement said, Johnson was hit before he exited the vehicle.

But Johnson wasn’t done — he leapt out of his still-moving vehicle that was still traveling against traffic on the freeway, and his car wrecked out in a head-on collision with another vehicle, which contained an adult male, an adult female, and a 13-year-old male juvenile. The male passengers were treated and released; the female was hospitalized with injuries.

If anyone was wondering whether this “unarmed” person, Mr Johnson, was not dangerous, perhaps the context here may afford offering the police some benefit of the doubt. Like, the context that Johnson was (a) behind the wheel of a 5300-pound vehicle; (b) traveling in excess of 100 miles an hour; (c) the wrong way on a busy freeway; and even worse (d) while fleeing from capture for a violent home invasion the day before.

Getting correct the details like these is difficult, and it does take time.

At least one witness questioned the safety of the use of the helicopter to fire at a vehicle. Another witness stated that wrong-way car chases are inherently dangerous and lauded the police action. Other media looked at the record of officers firing from the air.

In an article mainly devoted to the topic, the Press-Enterprise reporters learned and reported that, “Deputies who fly for the Sheriff’s Department are required to show proficiency shooting from the sky, a skill they practice at the academy at Glen Helen Rehabilitation Center in Devore.” Their training is conducted every 90 days at minimum.

The paper quoted the director of the Sheriff’s Aviation Unit as saying that shooting from the air at a vehicle is rare, but it, “is something we’ve trained for for quite a long time. We do qualify on the ground and in the air…We actively train to protect the citizens.” Since training for the unit began in 1981, there have been seven deputies involved shooting from the air, a Sheriff’s spokesman said.


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