Attorney representing deputy involved in Lancaster use-of-force incident discusses what's next

Attorney Tom Yu representing one of the Lancaster Sheriff's Deputies who was caught on a bystander's cellphone camera throwing a woman to the ground while responding to an "in-progress robbery" call spoke about the incident and investigation underway.

The two deputies involved in the incident have been removed from the field and while the June 24 cellphone footage looks alarming, Yu said the deputy's tactic was a use-of-force technique taught in training to many sheriff's deputies and police officers across the state.

The question is, was the use-of-force tactic warranted. Yu said the investigation underway by the Los Angeles County Sheriff's Department will determine that.

"I want to make it clear to all of our community that this investigation is to objectively — and I do repeat objectively — determine if the force used was reasonable, if it was necessary, if it was appropriate and proportionate to the level of actions that were described," Sheriff Robert Luna said during a Wednesday press conference. 

The Internal Affairs Bureau investigating the incident will interview all parties involved and then question the deputies.

Yu is also a 14-year former sheriff's deputy and said no use-of-force tactic is pretty. "This incident specifically is a takedown. I know some described it as slamming the woman to the ground, but the takedown essentially provides deputies with a technique to safely take the suspect into custody," Yu said.

The deputy's point of view is used to partly to determine if the use-of-force tactic was necessary according to Yu. The investigation will take into account … "What they knew, how they responded, who did they contact, why did they detain the two individuals -- and then using that lens, then to justify or not justify the actual use of force," said Yu.

Luna also stated that deputies were sent to the store after receiving a call that two customers "were assaulting loss-prevention employees."  He continued to say that the woman was arrested for assaulting an officer and for battery, after assaulting loss prevention personnel inside the market, prior to the altercation with the deputies. 

The store, WinCo Foods, did press charges against the woman in the video and the other suspect. Yu explained that a cite and release, such as in this case, is a de facto arrest.

"The two individuals were cited and given a court date, to go back to court and face charges if the DA's Office is going to press charges," said Yu

"So the mere fact that these two individuals were arrested and cited for either theft or robbery charges shows me that the owner themselves wanted to press charges against the two individuals."