Martinez Police identifies officers in fatal shooting of Tahmon Wilson; Family files civil rights lawsuit
The Martinez Police Department has released the names of four officers involved in a fatal shooting of an unarmed person after they responded to a burglar alarm at a cannabis dispensary last week, while the victim's family said it was filing a civil rights lawsuit against the department.
The shooting happened on August 18 shortly after 3:30 a.m. after officers responded to a video alarm set off at the Velvet dispensary at 4808 Sunrise Drive. There was no indication from police or from the dispensary that the store was burglarized.
According to police, after officers arrived one of two vehicles outside the business fled the scene. In a press statement, police said officers broadcast that shots were fired and there was an assault on an officer. A second vehicle, an SUV, attempted to flee and then crashed into a fire hydrant.
Two brothers in a sedan that fled from police, 20-year-old Tahmon Wilson and 22-year-old Tommy Wilson Jr., were both shot by officers. Neither man was armed. Tahmon Wilson died of his injuries while Tommy Wilson was recently discharged from a hospital after suffering life-threatening injuries.
It was not clear whether the Wilson brothers knew who was in the SUV or what the status was of the occupants. It was also not The brothers' sister told the San Francisco Chronicle that her brother stated officers fired multiple shots through the back window of their sedan.
Police identified the officers as: Officer Cole Bennett, Officer Marc Kahue, Officer Raul Ceja-Mendez and Officer Alexander Tirona
On Thursday, the attorney representing the Wilson family said his firm was filing a civil rights lawsuit against the department, issuing a statement saying "there is no reasonable or lawful explanation for the lethal force employed by the four officers involved" and called on Martinez Police to immediately release the officers' body camera video of the incident.
"We are moved today to refute the incomplete and misleading accounts provided by the police regarding this horrific incident," said civil rights attorney Adanté Pointer. "Our clients were unarmed and have not been accused of any crime. Notably, Tommy was explicitly informed by police that he would face no charges in connection with the incident, and was issued a certificate to that effect."
In a prior press statement, Martinez Police said one officer was treated for a minor injury after being struck by the vehicle, but police have not specified why officers opened fire.
"State law prohibits using deadly force against a fleeing vehicle that does not pose an immediate threat," said Pointer. "The Wilsons were driving away from the scene when the officers opened fire, hitting Tahmon in the back of his head and Tommy in his back, twice, piercing his lung. By firing into a vehicle that was moving away from them, the officers took Tahmon's life and severely injured Tommy for reasons that remain inexplicable."
The California Department of Justice is conducting its own independent investigation into the use of force by the officers in accordance with Assembly Bill 1506, a law that requires the state to investigate all police shootings that result in the death of an unarmed civilian.
Martinez Police Chief Andrew White said the four officers who opened fire have been placed on administrative leave.
I unequivocally support [the California DOJ] investigation and the police department is fully cooperating," White said in a prepared statement. "I am confident they will find the answers to many of the questions that have been raised and provide us all with an understanding as to what happened."
White also said the department intends to release the officers' body-cam videos within the required 45 days from the day of the incident.