The officers were responding to a call about potential auto burglaries.
On March 18, two Sacramento police responded to a call about a suspect breaking into vehicles, smashing windows. The police claim that Stephon Clark ran from them, and ultimately turned to face them with an object in his hands. They then shot him, firing a total of 20 times. It was later determined that Stephon Clark was holding a cell phone, and standing in his grandmother’s backyard, at the time of the shooting. An autopsy revealed that the majority of the shots hit him in the back and side.
In recent years, there have been a number of high profile officer-involved shootings across the United States. Inevitably, these shootings lead to controversy, as there are strong feelings on both sides of the issue. Another way to examine these cases is by looking at the law underlying the alleged crime.
The Sacramento police officers in the Clark case were responding to a call about potential car break-ins — a violation of California’s auto burglary law. According to a Los Angeles criminal defense lawyer, auto burglary occurs when a person enters a locked vehicle or its trunk with the intent to (1) steal the car; (2) steal property contained in the car; or (3) commit any other California felony inside the vehicle. Auto burglary is a wobbler, which means that it can be charged as either a felony or misdemeanor offense, depending on the facts of the case and the defendant’s criminal history. It is punishable by up to one year in county jail for a misdemeanor or up to three years in jail for a felony offense.
In this case, we don’t know if the crime in question was actually auto burglary, because we do not know the intent of the alleged perpetrator. We do know that someone had reported a man smashing car windows and breaking into vehicles. If this person was simply smashing windows or breaking into cars without the intent to steal anything or commit a California felony, then he or she could be charged with the crime of vehicle tampering. This misdemeanor offense occurs anytime that a person willfully injures or tampers with any vehicle or its contents, or breaks or removes any part of a vehicle without the owner’s consent. As a Los Angeles criminal defense lawyer can explain, vehicle tampering is punishable by up to one year in county jail.
The potential crimes that the two Sacramento officers were responding to — auto burglary or vehicle tampering — were relatively minor crimes. Neither were punishable by death. However, if the officers reasonably believed that their lives were in danger or that Mr. Clark had a gun, then their actions on the night of March 18 may be deemed justified.
The Stephon Clark case is a tragedy, and one that will continue to cause protests and political action in Sacramento. It is entirely possible that the two officers responsible for Mr. Clark’s death will be criminally prosecuted — or that the prosecutor will decide to not indict him. Like many states, California law gives more leeway to police officers responding to crimes than to non-law enforcement officers when it comes to justification for shooting deaths.
At the Chambers Law Firm, we represent people in Los Angeles and the surrounding areas who have been charged with California criminal offenses. We are dedicated to fighting for our clients, and will work hard to protect their rights and freedom. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Los Angeles criminal defense lawyer.
