A cop can’t back down or go away. Don’t push it until the cop doesn’t have any options other than deadly force.
You just fulfilled the first rule of law enforcement: make sure when your shift is over you go home alive. Here endeth the lesson.
Chicago Police Officer James Malone (portrayed by Sean Connery) to Treasury Agent Elliot Ness (portrayed by Kevin Costner), The Untouchables, 1987
I served as a Field Training Instructor (FTO) for five years, a Field Performance Evaluator (FPE) for four, and supervised FTOs and FPEs for over four years. As I watched this video, I’m reminded of many issues for law enforcement in this country, chief among them the canard of “police de-escalation.” Again, it’s not the cop who needs to deescalate, but the suspect.
Watching the El Paso Police Critical Incident Report on the March 5, 2024 shooting, an El Paso Police sergeant (I will not use names) stopped at an outdoor car wash to check on a suspicious vehicle. After knocking on the door, the driver said his car would not start. The sergeant asked for the driver’s identification, and he started to fumble getting it. It then escalates quickly (emphasis mine):
As the El Paso Police officer made contact with the suspect, the suspect made menacing comments toward the officer and asked if he “picked the wrong day to go to work.”
EL PASO, Texas — A man who told an officer he had a gun made threatening comments before a fatal officer-involved shooting occurred, body camera video released the El Paso Police Department shows…
…The suspect told the officer that he was homeless and was attempting to get his car to start.
The officer then asked the suspect if he had any weapons in the car. The suspect replied, “No, sir.”
When asked for ID, the suspect frantically searches through papers and items in the center console, turning away from the officer. The situation escalates as the officer orders him to exit the car.
“I can’t do that, ” the suspect said.
“Why’s that?” the officer asked.
“You need to back up, bro,” the suspect said. “You need to back up right now … You need to back the (expletive) up.”
The officer then drew his gun and told the suspect to relax. The officer noticed the suspect was holding something, and when he asked what was in his hands, the suspect told him it was a gun.
“It’s a gun. Please, go back to your car,” the suspect said.
The officer continued to ask the suspect to show his hands, to which the suspect did not comply.
The suspect continued to tell the officer to go back to his patrol car.
“I’m not gonna put it down. … You wanna go home tonight, right?” the suspect said.
“Just put it down, dude,” the officer said.
“Did you pick the wrong day to go to work today?” the suspect continued before making a sudden movement.
The officer then fired shots at the suspect…
The sergeant’s body worn camera video shows the incident well. Yes, the cop wanted to go home tonight. And this shows how quickly a simple investigation can upgrade into a use of deadly force.
Did the sergeant have reasonable suspicion to begin the investigation? Reading other articles on the incident, yes, he did. Was it reasonable to check the driver, yes. Was it unreasonable to ask for identification, absolutely not. A cop needs to document who he interacts with during an investigation and if someone’s refuses to do so, in Texas that is a crime.
Notice that the driver started to escalate the incident. He refused to exit the vehicle and ordered the sergeant to “back the f$%^ up!” (5:45 in the video) A civilian in the sergeant’s position might be wise to withdraw. As a cop, he can’t. As this is a threat, the sergeant wisely draws his pistol.
At 5:59 in the video, after the sergeant asks what’s in his hand, the suspect says “it’s a gun.” The driver has now escalated the incident to an open threat on the cop’s life. The sergean has to handle the suspect who claims to have a pistol in his hand, and backing off may not be the best option. At this moment the sergeant has the best view of the suspect, an excellent line of fire, and can react quickly if needed.
The suspect moves his hand and the sergeant fires multiple times. I’ve been asked why police shoot so many times and the answer is simply, “They want to go home tonight. You shoot until the threat is over, be it one round or fifteen.” Tunnel vision, yes, but again, the cop is being confronted with a deadly threat.
Now the usual actions are occurring, the shooting is being investigated by the department, the district attorney’s office, and the Texas Rangers. I have no doubt the sergeant will be exonerated. The family is “raising questions” on the use of deadly force:
“The man has been identified…
In the bodycam videos, he can be heard threatening the officer, claiming he has a gun. After moments of back and forth, the officer fires multiple times.
The mother of the suspect said she recognizes her son’s role in the deadly incident, but believes he had no intention to hurt the officer.
‘He had no intention of using it and I’m sure it was probably nowhere near him…’
‘…They were both in the wrong, both my son and the police officer, but I mean the police officer shouldn’t have taken as far as he did,’ the mother said.”
I’m sorry you’re enduring the worse nightmare of any parent, burying a child. That being said, if your son had not taken the incident as far as he did, he would be home right now. Simply showing his hands would likely have ended it. Also, you don’t know if the weapon was near him or not, and you can’t say your son was not a threat to the sergeant. He obviously was.
This was a tragic situation that could be avoided by simply not threatening a cop preforming his duties. The young man may have been in a mental crisis. That being said, he can’t threaten a cop, or anyone for that matter, with deadly force. I’m sorry it led to this, but the cop obeyed the First Rule of Law Enforcement. At the end of his shift, he went home alive.
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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