About my folks who was killed by police in March..... (RIP) TIM MITCHELL!!!!!!!
MARTINEZ — A Contra Costa jury has determined the death of a 29-year-old Antioch man killed by police during a March drug sting was an accident — much to the dismay of more than 50 of the slain man's friends and family members at a coroner's inquest Wednesday.
At the inquest into Timothy Wayne Mitchell Jr.'s death, jurors voted 6-5 that the manner of death was "by accident," rather than at the hands of another, suicide or natural causes. Jurors do not assign liability at coroner's inquests, held as a matter of protocol in Contra Costa County for in-custody deaths involving law enforcement.
Today's testimony revealed that upon fingerprinting Mitchell posthumously, investigators learned another man, Jamal Outlaw, had used Mitchell's name, birth date and driver's license number in his own numerous contacts with police. Outlaw even served a prison sentence under Mitchell's identity, said Inspector Paul Mulligan of the district attorney's office. Mitchell himself had no criminal history outside some minor juvenile incidents.
Mitchell's mother said her son knew his identity had been compromised after he was robbed at gunpoint in 2002, but he was not aware of the extent of the use of his name by Outlaw.
"Officers come to a location where they believe is a career criminal, and (Mitchell) is not, and therefore proceed in a heightened sense of danger," said Adante Pointer, an attorney for the family. "The officer violates protocolby putting himself in a zone of danger and then panics based on a sense of danger that he himself created."
Mitchell's parents, who described their son as a solid man of character, have been consulting Pointer because they don't believe police's account of the shooting.
Members of a regional, state-run drug enforcement task force called CCNET executed a search warrant at Mitchell's Antioch apartment at 7 a.m. March 11. Officers believed he was selling marijuana and that he kept a sawed-off shotgun next to his front door. They also thought Mitchell had an extensive criminal history that included convictions and arrests for armed robbery and various drug sales.
When Mitchell didn't answer his door immediately, officers forced open the security screen door of his second-story apartment. CCNET detective and Pittsburg police officer Les Galer said he had been tasked with breaking down the front door for others to enter first, but he saw it was ajar. So Galer became the first to enter and, after ignoring his commands, Mitchell grabbed Galer's wrist beneath the gun he was holding, Galer said.
Thinking Mitchell had ample time to arm himself, Galer felt an immediate threat. He pushed Mitchell away with one hand and fired with the other. Galer said he did not aim.
Mitchell died almost immediately from a single bullet that passed through his lungs and aorta. Officers testified the time span from when Galer passing through the door to gunfire was no more than three seconds.
Investigators found a small amount of marijuana at Mitchell's residence, but no drugs in his system.
The family believes Mitchell, a police officer's nephew with respect for authority, opened the door for police. They suspect that when Galer led the charge inside, a confused Mitchell stumbled back, explaining how he made contact with Galer's wrist.
Police stand by the actions of Galer, a highly regarded officer who trains others on tactical entries and search warrant executions at the county police academy.
"It's so sad that this happened but the officer did everything that he should have, based on his training and experience," said Peter Edrington, an attorney for the police department. "Any officer facing the identical situation that confronted Detective Galer would do the exact same thing."
MARTINEZ — A Contra Costa jury has determined the death of a 29-year-old Antioch man killed by police during a March drug sting was an accident — much to the dismay of more than 50 of the slain man's friends and family members at a coroner's inquest Wednesday.
At the inquest into Timothy Wayne Mitchell Jr.'s death, jurors voted 6-5 that the manner of death was "by accident," rather than at the hands of another, suicide or natural causes. Jurors do not assign liability at coroner's inquests, held as a matter of protocol in Contra Costa County for in-custody deaths involving law enforcement.
Today's testimony revealed that upon fingerprinting Mitchell posthumously, investigators learned another man, Jamal Outlaw, had used Mitchell's name, birth date and driver's license number in his own numerous contacts with police. Outlaw even served a prison sentence under Mitchell's identity, said Inspector Paul Mulligan of the district attorney's office. Mitchell himself had no criminal history outside some minor juvenile incidents.
Mitchell's mother said her son knew his identity had been compromised after he was robbed at gunpoint in 2002, but he was not aware of the extent of the use of his name by Outlaw.
"Officers come to a location where they believe is a career criminal, and (Mitchell) is not, and therefore proceed in a heightened sense of danger," said Adante Pointer, an attorney for the family. "The officer violates protocolby putting himself in a zone of danger and then panics based on a sense of danger that he himself created."
Mitchell's parents, who described their son as a solid man of character, have been consulting Pointer because they don't believe police's account of the shooting.
Members of a regional, state-run drug enforcement task force called CCNET executed a search warrant at Mitchell's Antioch apartment at 7 a.m. March 11. Officers believed he was selling marijuana and that he kept a sawed-off shotgun next to his front door. They also thought Mitchell had an extensive criminal history that included convictions and arrests for armed robbery and various drug sales.
When Mitchell didn't answer his door immediately, officers forced open the security screen door of his second-story apartment. CCNET detective and Pittsburg police officer Les Galer said he had been tasked with breaking down the front door for others to enter first, but he saw it was ajar. So Galer became the first to enter and, after ignoring his commands, Mitchell grabbed Galer's wrist beneath the gun he was holding, Galer said.
Thinking Mitchell had ample time to arm himself, Galer felt an immediate threat. He pushed Mitchell away with one hand and fired with the other. Galer said he did not aim.
Mitchell died almost immediately from a single bullet that passed through his lungs and aorta. Officers testified the time span from when Galer passing through the door to gunfire was no more than three seconds.
Investigators found a small amount of marijuana at Mitchell's residence, but no drugs in his system.
The family believes Mitchell, a police officer's nephew with respect for authority, opened the door for police. They suspect that when Galer led the charge inside, a confused Mitchell stumbled back, explaining how he made contact with Galer's wrist.
Police stand by the actions of Galer, a highly regarded officer who trains others on tactical entries and search warrant executions at the county police academy.
"It's so sad that this happened but the officer did everything that he should have, based on his training and experience," said Peter Edrington, an attorney for the police department. "Any officer facing the identical situation that confronted Detective Galer would do the exact same thing."