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Downey officer cleared in fatal shooting of unarmed man

October 23, 2012 |  8:04 pm

Michael Lee NidaA Downey police officer who shot and killed a man using a tactical submachine gun in a case of mistaken identity acted lawfully and won't face criminal charges, according to the Los Angeles County district attorney's office.

Officer Steven Gilley fatally shot Michael Nida, 31, of South Gate in the back on Oct. 22, 2011, after he was mistaken for a suspect wanted for an armed robbery at a Bank of America ATM near Imperial Highway and Paramount Boulevard.

The shooting has led to regular protests at Downey City Council meetings and a lawsuit by Nida's family, claiming he was wrongful killed and his civil rights were violated. The suit also calls for Gilley to be charged and fired.

Prosecutor Stephanie Sparagna, however, wrote that Nida repeatedly resisted arrest and ran from police three times. He also ignored warnings from police, including one from the officer that he would "blow his head off" if Nida did not show his hands.

Sparagna found that Gilley reasonably feared Nida and was armed and dangerous, even though he eventually was determined not to be the robbery suspect and was unarmed. Sparagna said Gilley was required to make a split-second decision.

"Given the rapidly evolving, dangerous situation that confronted Officer Gilley, we conclude that Officer Steven Gilley was justified in using deadly force to prevent Nida's escape," she wrote.

Police detained Nida after seeing him running across a street as they searched for the robbery suspects from the bank.

Nida, 31, a father of four, was getting gasoline with his wife on his way to dinner. He had run across Imperial Highway to get cigarettes and was detained as he came out of the tobacco shop. Initially he cooperated but then, "suddenly and inexplicably" ran from officers, prosecutors said. Officers reported he hopped fences and eluded them.

Within 10 minutes, Gilley and another officer detained Nida in an alley behind a Walgreens. Gilley ordered Nida to show his hands and when he did not, Gilley said he feared the other man had a weapon, the prosecutor wrote.

Seconds later, Nida "actively resisted arrest when he jumped up from a prone position on the ground, forcing Gilley to his knees" and ran again from officers. The officers, according to the prosecutor, did not have a chance to search Nida before he ran. "Believing Nida was armed and dangerous, Gilley fired one, three-round burst from his MP5, killing Nida," Sparagna wrote.

Terri Teramura, Nida’s sister, condemned Sparagna's findings. "This officer shots someone in the back, running away from him. How clear cut can a shooting be?" she said, adding the family is disgusted with the decision not to prosecute Gilley.

"This gives officers free rein to do what they want," Teramuda said. "This D.A. never prosecutes officers; we knew that, but it hurts. We still have our civil lawsuit against the city. But our fear is Officer Gilley will kill someone else."


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Photo: Michael Nida Credit: Family photo via KTLA News