Activists Urge DA To File Charges In Police Shooting Of Shooting Ezell Ford

LOS ANGELES (CBSLA.com) — Civil rights activists urged the district attorney's office Wednesday to file charges against a Los Angeles Police Department officer found in violation of fatally shooting an unarmed black man.

In August 2014, 25-year-old Ezell Ford was shot by officers in South L.A. near 65th and Broadway streets.

According to police, Ford acted suspiciously towards both officers before he attempting to grab one of their weapons.

Ford's family say he was simply out walking and officers had no reason to approach him or end his life.

It was one of several high-profile police shootings across the nation that have claimed the lives of black men.

For 10 months, law enforcement remained tight-lipped about what happened that night.

But, on Tuesday, the L.A. Police Commission ruled that one LAPD officer violated department policy. The commission also found a second LAPD officer was justified in firing his gun at Ford.

Five members of the commission deliberated behind closed doors for several hours following a public session.

In the police report, LAPD training Officer Sharlton Wampler and his partner Antonio Villegas, who were not identified by name, say they noticed Ford walking down the street near a group of suspected gang members where illegal drugs were known to be sold.

Wampler says he told his partner, "Let's at least talk to him and have a consensual encounter."

Wampler says he then said to Ford, "Hey, let me talk with you."

The reports says Ford kept walking. Moments later, after making a motion that led police to believe he may have discarded narcotics, Wampler says he decided to handcuff Ford.

Wampler said, when he put his hand on Ford's shoulder, "[Ford] immediately spun to his right toward Officer [Wampler] with his head down."

The two reportedly fell to the group and Wampler says he felt Ford trying to get control of his gun.

The report says Officer Wampler felt the pistol coming out of the threshold of the holster, exposing the chamber, and yelled, "Partner, he's getting my gun! Partner, he's getting my gun!"

Officer Villegas reportedly fired one round at Ford, but the struggle continued.

According to the report, Wampler shouted, "Shoot him! Shoot him again! You have to stop him!"

Villegas reportedly fired a second round and Wampler pulled out a back-up handgun and fired. Ford stopped moving.

The commission explained that Wampler's use of deadly force in Ford's death violated department policy.

They rejected LAPD Chief Charlie Beck's findings that Wampler adhered to policy.

Their analysis also determined Wampler wrongly approached and stopped Ford, which led to the deadly shooting that violated department policy.

The commission objected to Villegas' decision to draw his weapon early in the confrontation. However, the ruling justified his eventual decision to fire at Ford in order to protect his partner.

They said their ruling was found based on the "totality" of the circumstances, and not just the moment when force was used.

"It's all a tragedy," according to retired LAPD South Bureau homicide commander Sergio Robleto, who spent 25 years on the force and solved more than a thousand murders. He says Wampler and Villegas had no choice but to use deadly force.

Robleto said, "Had Mr. Ford stopped, had he not turned and gone after the officer, this thing would never have happened."

Attorney John Burton disagrees. He's spent 30 years specializing in police misconduct cases. He told CBS2/KCAL9's Randy Paige that officers should have given Ford verbal commands, but never should have allowed him to get close enough to grab the officer's gun.

"A police officer does not put his or her weapon within reach of a person who is being contacted without a really, really good reason," Burton said. "The training here is to use verbal commands from a safe distance. Had they done that here, rather than tackle him, Ezell Ford would be alive."

Activists also spoke out Wednesday about the commission's findings. They held a news conference urging for criminal charges to be filed against Wampler.

L.A. County District Attorney Jackie Lacey issued a statement that same day confirming her office is reviewing the case to determine whether they should file criminal charges.

"The D.A. will have very little chance of prevailing when there's such a clear claim of self defense and defense of a partner officer against someone who, for whatever reason, was trying to get that cop's weapon," CBS2/KCAL9 legal analyst Stephen Meister told reporter Dave Bryan. "That's why it's not going to be prosecuted. And that's why the Police Commission's standards will not impact or make a difference in the D.A.'s decision."

Ford's family has filed a federal lawsuit in addition to a complaint in state court.

Mayor Eric Garcetti says L.A. is committed to a fair and impartial process.

"Ezell's life mattered," the mayor said. "Black lives matter. All lives matter."

The L.A. Police Protective League issued a statement that reads in part: "Unfortunately, they allowed protesters and external political influence to impact their judgement, resulting in a determination that was purely political and self-serving. We believe the commission's decision was irresponsible and reckless, and was solely made to avoid civil unrest."

Officials said Beck will ultimately decide what discipline, if any, Wampler will face.

Critics fear Beck will give the officers a figurative slap on the wrist since he has already concluded they did act in accordance with the department's policy. It inevitably will be a tough balancing act between keeping the trust of his community and maintain the loyalty of his officers.

Either way, since LAPD discipline cases are considered a personnel matter within the department, the officers' penalties are, by law, not public information.

If the officers are unhappy about Beck's punishment they can appeal to a LAPD Board of Rights, where proceedings are, also, almost always behind closed doors.

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