LAPD officer acted lawfully in shooting of day laborer, oversight panel rules [Updated]

A Los Angeles police officer acted lawfully when he fatally shot a knife-wielding Guatemalan day laborer last year in an encounter that triggered days of unrest, the LAPD’s oversight body ruled Tuesday.

Bracing for the possibility that the ruling by the Los Angeles Police Commission could ignite another round of violent protests in the Westlake neighborhood where the man was shot, LAPD officials preemptively dispatched a large contingent of officers to the area in the hours before the decision was announced.

[Updated at 1:07 p.m.: The scene of the shooting was quiet after the ruling was announced, but the Southern California Immigration Coalition planned to hold a rally there at 5 p.m. to protest the ruling.

Marcelino Ponce, a security guard, was taking a stroll along 6th Street and Union Avenue on Tuesday afternoon when he heard about the commission's ruling. He only partially agreed.

"I think both were at fault," said the 45-year-old, who lives down the street from where the shooting happened. "The man should have listened to the authorities, and the authorities shouldn't have taken that kind of action."

The Los Angeles Police Protective League, the officers' union, released a statement commending the commission and Beck for "looking at the facts ... and standing behind the officers who protected the community from an intoxicated, knife-wielding man.

"If you don’t want to get shot by a police officer, don’t try to stab one with a knife," union leaders said in the statement.]

The killing occurred on a Sunday afternoon in September, when Officer Frank Hernandez, a 13-year veteran assigned to a bicycle unit in the LAPD’s Rampart Division, responded to a report of a man threatening passers-by with a knife.

At the corner of 6th Street and Union Avenue in the heart of the densely populated Latino immigrant neighborhood, Hernandez and two other officers encountered 37-year-old Manuel Jamines.

Jamines, according to the LAPD’s account of the encounter, was drunk, armed with a knife and threatening passers-by. Hernandez, police said, ordered Jamines in Spanish and English to drop the weapon and fired at him when the man made a sudden movement toward the officers.

A knife was recovered at the scene, police said. Several eyewitnesses interviewed by investigators supported the officers’ account of the incident, according to police.

Some other witnesses, however, came forward to say they had not seen Jamines wielding a knife.

The shooting triggered a few days of protests and some rioting in the neighborhood, some of it instigated by anti-police groups that worked to stoke anger among the area’s residents.

Many protesters questioned why the officers hadn’t used a stun gun or some other nonlethal weapon to subdue Jamines. Their suspicion grew when it was learned that Hernandez had been involved in a controversial shooting once before.

He was ultimately cleared of any wrongdoing in that case. Jamines’ own identity came into question. Coroner's officials later identified him as Manuel Ramirez based on a fingerprint match with U.S. Department of Justice records.

They also found U.S. Immigration and Customs Enforcement documentation identifying him as Gregorio Luis Perez.

Hoping to calm the tensions that frayed after the shooting, LAPD Chief Charlie Beck promised to fast-track the department’s investigation and adjudication of the shooting, which typically would have taken about a year to complete.

Beck recently presented the commission, a civilian panel that oversees the department, with his final report on the shooting, which included his recommendation on whether Hernandez had been justified in using deadly force.

After reviewing the investigation material and hearing from their own team of investigators, the five-person commission could have overruled Beck had they decided the evidence pointed to an unjustified use of deadly force.

RELATED:

LAPD prepares for reaction to ruling on shooting of day laborer

Ruling due Tuesday in LAPD shooting that sparked protests, clashes

-- Joel Rubin at LAPD headquarters

Comments

[cristub]

thank goodness...he did the cirme and paid with his life..
the officer was just doing his job...! AMEN TO THAT!

[FarEastLA]

When have they ever ruled otherwise?
Isn't this situation why they carry Tasers? Or did they forget which hand they were reaching with?

[Rick]

Good

[pablo]

problem solved.

[Socorro Varela]

That's right LAPD put that officer back on the street so he can lawfully shoot and kill his 4th victim. LA needs more trigger happy officers.

[dangermouse]

Right on for the rank and file cop! Shame on the Mayor, City Council and so called, self styled community leaders/activists.

Please - go into riot mode. Come on by and try and loot my neighborhood - can't wait!

[Richard]

and that's why you don't bring a knife to a gun fight...

[Robert]

AS long as Beck caters and bends over backwards for these illegals they will never give him respect. If Beck was smart he would stand his ground and not throw his officers under the bus like he just did with the vehicle impound policy that helps illegals. Gates had a lot of respect whether you disagree with him or not because he acted like Man and stood his ground to thugs. LAPD is moving in dangerous waters always folding and making things nice for these criminals who continue to break our laws then want a free pass. Why don't they go back to Mexico since they hate our city so much and try and do the same there. This is OUR City and they continue to use up our free resources then demand more. Last year LAPD spent over $1 million when they got out of control with violence in Westlake. We should send them a bill

[Lorne]

I'm always amazed how LAPD officers, even when confronted by a man with a knife, are presumed guilty until proven innocent.

Maybe it would have been better to allow a few citizens to be stabbed before the officers became involved, just to make things clearer...

[Mary]

Great ruling. It is about time that the Officers that are out there to Serve & Protect are allowed to do their job. Third world country behavior is not acceptable in the US.

We have laws and we need to start enforcing them.
Beck has now sold out with his don't tow the illegals cars if they don't have a license or insurance. UH DUH Beck and the rest of you - they will be back out driving tomorrow - why are they so special - explain it to the citizens that pay your salary and have to abide by laws where they do not

[Steven M.]

Part of the LAPD Police Officer job description does not include being turned into meat for sushi.

Question- Was the assailant armed with a deadly weapon? Yes. Question- Was orders provided in English and Spanish for the assailant to drop the weapon? Yes.

Now that the city has spent hundreds of thousands of dollars on the obvious, is that certain members of the day-laborer community will never be satisfied with the outcome.

[ES]

Ah, yes of course as it is usually the case with LAPD. Nothing happened folks.

[Ken]

wow how shocking

[sickofit]

Like the old saying says "Don't bring a knife to a Gun-Fight"

[Everyday Guy]

A drunk illegal alien in Los Angeles? I never heard of such a thing.

[Truthsayer]

Never bring a knife to a gun fight.

The police did the right thing. They were protecting the citizens of the community and themselves. Unless of course, the community wants knife wielding drunks slashing at people with no regard for the people or the people who can protect them.

[Duped Tax Payer]

"Jamines’ own identity came into question. Coroner's officials later identified him as Manuel Ramirez based on a fingerprint match with U.S. Department of Justice records.

They also found U.S. Immigration and Customs Enforcement documentation identifying him as Gregorio Luis Perez."

Now we are dealing with 3 different names. Who did the police shoot?

[Blue Maverick]

If you don't want to die, don't go after a police officer wielding a knife.

[Pete D]

Good call. Anyone who says that a police officer cannot take action against an aggressive and drunken man who is threatening to stab people on the street with a knife, is really saying that there should be anarchy on the streets of Los Angeles. They might want to live in a city where it's every man for himself, and the police cannot protect innocent people from violent crime and dangerous criminals. But most of us don't want to live that way.

[num1lkrfan]

so he was threatening people with a knife...including officers...and he was using a fake name....sounds like a real winner....no wonder everyone is defending him...lmaoooo...amazing

[chakotay2]

What do the people in that neighborhood expect the officer to do: stand and wait to be stabbed? If they aren't happy with the police enforcing the law here in the USA, they can always go back home!

[Marley]

Yay!

[Jagexxx]

As it should be.
One question: was the deceased collecting taxpayer assistance with each of his three ID's?

[Robert Noorth]

Why is lethal force used in these situations? A beanbag would have floored the guy.

[Josh]

figures.. whats new