A recent shooting by a New Orleans private security officer shows how they, and other civilians, can be unqualified to use deadly force
I was reviewing a recent shooting at a New Orleans public library and recalled a blog debate with a teacher in Denver. That discussion was during the George Zimmerman trial, and the man could not get beyond, “Trevon Martin did not have a gun…”
I had to explain to him multiple times and in great detail (thank God it was not a Twitter rant) that the critical question was not if Martin was armed or not, but if Zimmerman, at the time he fired one round, had reasonable fear for his life or suffering serious bodily injury. I explained Martin was on top of Zimmerman and pummeling the man to a pulp. I pointed out the only injuries on Martin’s body, besides the bullet wound, were the on his fists showing where they impacted on Zimmerman’s body or the ground. And I made the point, “Zimmerman stated he was about to pass out, which means he would be in legitimate fear for his life or suffering serious bodily injury. And guess what? The prosecution’s witnesses are backing up everything the defense is saying.”
Fast forward to two weeks ago, a contracted private security officer (a.k.a. “rent–a-cop”) was trying to handle a disturbance in the main branch of the New Orleans Public Library. This woman, Ms. Kia Simmons, was hired by a contracted company to provide security services at the library. I assume she was trained by her company and issued the firearm (or may have been required to purchase the Glock herself). But reviewing this incident, it shows how you can move from justified, to unjustified use of deadly force, very quickly. One caveat to my analysis, this is still early in this matter, and certain facts may not be known.
Shooting by guard outside New Orleans’ main library leaves man in critical condition
A man is in critical condition and a security guard at New Orleans’ main library branch has been booked with attempted murder after the guard shot the man seven times just outside the building in a shocking scene captured on video.
Kia Simmons, 23, was booked early Sunday with attempted second-degree murder, battery, illegal use of weapons and two counts of criminal damage to property, according to the Orleans Parish Sheriff’s Office’s booking log.
According to a gist provided by New Orleans police, Simmons had been trying to get the man to leave the library, located in the 200 block of Loyola Avenue. The man “refused and continued to walk around.”
The two “got into an altercation,” according to police, after which the man ran away, then turned and threw a rock or some other heavy object at Simmons.
The video appears to show the object hitting Simmons. The man then runs again.
Simmons then draws her gun. The video shows her initially firing seven times in rapid succession, then pausing for about seven seconds, running forward and firing four more times…
Slight disagreement here, on the second shooting I counted five rounds. Knowing the area, it’s not impossible I was hearing an echo.
Looking at the video, you see the suspect, later identified as Henry Mark, being chased by Ms. Simmons from the library. Mark then grabs an object and throws it her. Ms. Simmons then grabs her pistol and fires seven times at Mark and withdraws. Ms. Simmons then moves forward, and approximately five seconds later, fires four or five more times as Mr. Mark is arguable no longer a threat to her or a third person. And that is the critical issue.
The initial shooting was reported as the response to a brick or other object thrown at her head. I’ve posted multiple times that blunt force above the neckline is classified as deadly force and that would justify her initial use of a firearm to protect herself. If it wasn’t a brink or other compact heavy object, would Ms. Simmons be justified in using her pistol at that moment? Likely. According to the Supreme Court in Graham v. Connor, 490 U.S. 386 (1989), the use of deadly force must be judged from the viewpoint of the user of that force, allowing for the fact they will make split second decisions with limited information.
If Ms. Simmons had fired the first seven rounds only, and then withdrawn and reassessed, would the use of deadly force have been justified? More likely yes. Mr. Mark used possibly deadly force against her, and she used a firearm against him. The issue is after that.
In reviewing the video, Ms. Simmons moved forward and to the side. I can’t see anything showing an additional threat to her, but she begins firing again. Unless Mr. Mark is a threat to herself or a third person, the use of deadly force is not “objectionably reasonable.”
I’ve gotten into discussions with fellow cops and civilians on the use of weapons by civilians. Just to be clear, Ms. Simmons is a civilian security officer, not a peace officer. Reviewing the video, in my opinion, this is showing she did not reassess after initial use of deadly force and was unjustified in firing the second four (or five) shots at Mr. Mark.
Does this show issues with the state’s Board of Private Security Examiners, which licenses security officers? Absolutely. The board requires 8 hours of training in firearms to be a private security officer. The state requires 80 hours for any peace officer (standard for most states), plus annual requalification, and extensive training in the law covering use of force. You are not getting that in one day. A good reason to keep some type of training as a requirement to carry a pistol.
Will this lead to reforms in this system? I hope so. It’s dangerous having people licensed to carry firearms openly who are under-trained in their use, and the law covering their use. The state may look at raising the age to become a private security officer to 21 for all officers (you can become an unarmed officer at 18). States and major cities started to move the age for being a cop from 18 to 20/21 back in the 1980s, and that was a good thing. Most 18-year-olds are not ready for the responsibility for being a peace officer that young.
In my 25 years on the street, I’ve often been assisted by private security, and been happy for their help with a disruptive prisoner, backup when a crowd got rowdy, etc. But this is showing how there is a critical flaw in a system in my former hometown and home state that must be fixed quickly.
Michael A. Thiac is a retired Army intelligence officer, with over 23 years experience, including serving in the Republic of Korea, Japan, and the Middle East. He is also a retired police patrol sergeant, with over 22 years’ service, and over ten year’s experience in field training of newly assigned officers. He has been published at The American Thinker, PoliceOne.com, and on his personal blog, A Cop’s Watch.
Opinions expressed are his alone and do not necessarily reflect the opinions of current or former employers.
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