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Officer-involved shooting in Clearlake under investigation PDF Print E-mail
Written by Elizabeth Larson   
Tuesday, 01 July 2008

CLEARLAKE – Officials are investigating an officer-involved shooting that occurred Monday night when police allege a man pointed a shotgun at officers.


In addition to the one death, another man is reported to be injured after being struck in the arm by a fragment of a bullet or another object.


A Clearlake Police officer responding to a call involving a fight at York's Mobile Park on Old Highway 53 shot and killed the man, Clearlake Police Chief Allan McClain said Tuesday.


The man who died was David Vestal, who was in his 60s, said park manager Lizbeth Alvarez. He had only lived at the park about a month, moving from Clearlake Oaks.


Three cars and four officers arrived at the scene at about 9:30 p.m., where several people were reported to be in the fight, said McClain. The area where the park is located has a high number of calls for police service, he said.


When the officers arrived on scene, McClain said Vestal was armed with a shotgun.


“That's what he pointed at the officers,” said McClain, resulting in the shooting.


He would not name the officer involved, who has been put on administrative leave according to department policy as the investigation takes place.


Alvarez, who said she heard three shots, disputed the police account.


“The police made a mistake,” said Alvarez.


Alvarez said the police shot Vestal without knowing what was going on. She didn't see the incident, but claimed Vestal had been holding a BB gun.


“It wasn't a BB gun,” said McClain.


Alvarez said she didn't know why police shot Vestal, who she described as a good person, when they arrived. “There was no shooting before that.”


Vestal's daughter and her husband had been arguing, which Alvarez said led to the police's arrival. His family, including his 4-year-old grandson, were standing nearby when it happened, she said.


A neighbor standing on his patio across the street from the incident was hospitalized after being hit in the arm by a fragment, possibly of the bullet or of something it had struck, said McClain.


“Doctors have just told us it was a fragment,” he said. “They won't know until they get it out.”


The man's injury is not life-threatening, McClain added. He's to undergo surgery to have the fragment removed.


Department of Justice criminologists arrived overnight to process the crime scene, said McClain.


Other subjects reported to have been involved in the fight were interviewed, he said. Some of them had warrants but he did not have immediate information on whether or not any had been arrested or cited.


The District Attorney's Office is now investigating the incident to determine if the shooting was justified under the law, said McClain. “At this point, while we're talking, they're still conducting interviews.”


Police investigators also will make a determination on whether or not any department policies were violated, he added. Six of his officers and investigators are working in conjunction with the District Attorney's Office.


Alvarez said the park had been closed down until about 1 p.m., with tenants not allowed to come or go. Vestal's body had remained on scene until about noon, when authorities finally removed it, she said.


Investigators have been on scene since the incident occurred Monday night, said McClain.


“They should be trying to wrap things up,” he said, at which point the tired officers will be sent home to get some sleep and continue work on the case Wednesday.


McClain said police records didn't show previous contacts with Vestal.


E-mail Elizabeth Larson at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .


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sstacinator - Sad world we live in... Registered | 07-01-2008 19:51:52
It is such a sad we world we live in...
ekarnowski - shoot first, ask later Registered | 07-01-2008 19:55:32
Standard procedure lately for many police departments, sad because we all know they do face dangerous situations, yet often act trigger-happy
DerBingel - Split decision Registered | 07-01-2008 20:31:35
9:30 at night... police officers arrive on the scene... man points a reported shotgun toward them... one would assume the officer(s) had to react defensively.

We'll have to wait for the investigation's conclusion.

Last few months have seen a rise in violent crime within the City of Clearlake.

Hope this is not a trend...
Magnum Registered | 07-01-2008 22:00:51
Police officers do not have all the time in the world to determine if its a BB gun or a shotgun, either way if it was pointed at the officer he did the right thing shooting him.
Longbeard Registered | 07-01-2008 22:16:03
If you are dumb enough to point any type of gun at the police, you must suffer the consequences. Likey the whole thing is a big tragedy, but could have been avoided by leaving the gun in the house.
nancy65 Registered | 07-01-2008 23:48:02
It doesn't seem any of you know this man, he is someone we have known for over 30 years, a nice man. He loved his Grandchildren and loved to FISH. He was caught up in a bad situation.
Bounder - If you had to choose... Registered | 07-02-2008 00:18:37
It’s better to be judged by 12 than carried by 6. It’s not a game that law enforcement is playing out there. This is life and death for them. Every single year too many law enforcement officers are killed during senseless acts of violence. If you had to choose, would you pull the trigger? You may sit here now and say "no way" but in the split second of fight or flight, the real heroes choose to fight and protect. That is why they do a job that so many of you could never do. You can sit on your butts and Monday morning quarterback the entire situation but you were not there. Anyone who is carrying a weapon, regardless of the caliber, and points it at an officer should know the consequences and be prepared to pay them, including the fishing grandpa.
JerryK - The Right Procedure Registered | 07-02-2008 02:15:22
An Officer Must Give a command before using any type of lethal force did the officer Identify Himself or command the victim to drop the weapon. we do not know but when everything comes to light then the truth will come out. We must pray for our Cities and the people in them.
NMurphy02 - I am so sick of this Registered | 07-02-2008 08:36:26
Why do police officers shoot to kill??? Can't they wound someone? They are trained to shoot right? They go to firearm training. Shoot someone in the leg for crying out loud! Geesh...
gabby - off duty activities Registered | 07-02-2008 10:59:11
What does the Iron Pigs have to do with this article? How would you like it if someone didn't like your hobbies outside work. What does it have to do with an officer involved shooting? Nothing.... Grow up!
old fire dog - know the facts Registered | 07-02-2008 11:02:59
Lisa there is not a Clearlake Police officer as President of the Iron Pigs MotorCycle Club I have been President for the past 3 years and i am not a police officer with Clearlake iam a Firefighter. The Iron Pigs Motor Cycle Club does rides for Fallen firefighters and Fallen Police Officers and other charity events in lake county don't judge peple by what they ride or drive or were they live. People are quick to judge things that they have no idea what happened. Iam sure that the officer involed in the shooting is not happy about the shooting and wishs he was some were other than at the shooting.Sorry that you don't know the facts about any thing. KD President Lake County Iron Pigs Motorcycle Club
Toad - Ignorance Registered | 07-02-2008 11:09:37
It is amazing to me some of the comments listed here. Shoot to wound, issue a command, motorcycle clubs. What color is the sky for some of you? We must wait for the facts to come out, whoever, if a gun is pointed at you you have no time to do anything except protect yourself and the public. Get off of public safety agencies backs!!!! What next, the firefighters are to blame for all of the fires in Northern California?
BlackMagic - I AM SICK OF THIS TOO! Registered | 07-02-2008 11:18:07
NMurphy02,
You like so many of the other 97% NOT involved in Law Enforcement, always ask that same redundant question!
You were not there and have NO IDEA of what went down in that situation.It's a shame that someone was killed. I am thankful for every Law Enforcement Agency and the service they provide!
On a separate note, I ride a Motorcycle too. Am I "Guilty By Association" and a Bad Person now too?
smurf - some things are obvious... Registered | 07-02-2008 14:43:11
like nobody should be saying the cops did the right or wrong thing until there's more data out there. Another thing is that it's always a bad idea to be holding a gun when the cops roll-up, though in this case it's still unclear if the deceased was aware of their presence. It is clear that the cops can't be shooting just to 'wing" suspects, it's "drop-'em" or nothing. Let's wait for the police report and witness statements before second-guessing this deal, and say a little prayer for this poor man who lost his life in this tragedy.
kd006 - Voice of reason Registered | 07-02-2008 16:28:16
Smurf,

Thanks for that, I heard it all go down on the scanner, well as much as there was over the air, it was a frantic scene from the sounds of things and I am sure that will be proved out in the investigation. Sure wish I could hear the recording of those few minutes replayed I know there was lots of shouting from the police as they called for medical code 3 and it was pretty clear that there had been a shooting by 9:44 PM from radio traffic.
gabby - smurf/kd006 Registered | 07-02-2008 17:11:09
I have to admit I'm surprised at your comments. Thanks for keeping an open mind and waiting for the facts. It must have been an awful situation all around. My thoughts and prayers for all involved!
Fran - That wasn't me, above Registered | 07-02-2008 17:54:33
But I do agree, that if you are pointing something even remotely resembling a gun, especially when it's dark, there are a number of people around, there's a fight going on, and the cops may be on the way, well, you are asking for trouble. Whether it's a toy or real gun doesn't matter anymore by the time you arrive at that scenario.
I'm sorry that the man had to lose his life over this. Simple mistakes, not considering the possible consequences and/or poor impulse control sometimes lead to fatal results.
Dogman - Outlaws? Registered | 07-02-2008 20:38:49
The Iorn Pigs M/C does have members that belong to the Lake County S/O. They also have members that are Fish & Game Wardens,City PD, CHP, State DOJ, State DOC, and Firefighters from the ranks of Chiefs down to a Firefighter. No one has ever called them a OUTLAW biker gang. As a state employee, I see alot of gangs, from all over the state, who are behind bars for one reason or another. Never have I seen a Iron Pig behind bars or on the yard.
How did we go from talking about the shooting to the IRON PIGS?

DOGMAN
chrizzy - A Vestal in jail... Registered | 07-02-2008 21:37:15
Is the female with the last name Vestal that's in jail right now the daughter/daughter in law of the deceased??? She was arrested later that night by Clearlake PD. Anyone know???
kd006 - Just in case... Registered | 07-02-2008 21:46:17
Anyone did not notice Old Fire Dog is trying to slander me I have no affiliatition with the IP MC crowd or LE or FD.

Arguendo A. Fortiori - Life is Dangerous- Use Your He Registered | 07-02-2008 21:50:29
Nowadays guns are primarily used for suicides and homicides amongst friends, family members, and former relationship partners. Gun ownership should be limited to individuals who are demonstrably responsible, unimpaired by drug, alcohol or mental health issues, and who have not already been convicted of a violent crime. What percentage of the general population would meet such a set of standards? How about Clearlake's population? Hmmmmmm. As another general rule- in an environment where police are authorized to use lethal force common sense would seem to dictate that brandishing a gun in public and then failing to PLACE THE GUN (BB OR OTHERWISE) ON THE GROUND WHENEVER SIRENS ARE HEARD OR LAW ENFORCEMENT IS SEEN reflects a lack of responsibility or a significant degree of impairment that foolishly and sadly places one or more persons at risk. The average police officer is a human being with a nearly impossible high risk job, and is not a mindreader. This incident is simply another version of a story that occurs every single day in this country over and over again. To state it kindly, human beings are tragically flawed creatures. To state it bluntly, there's enough rage, general stupidity and overall impairment in this country to generate a never ending series of similar stories... One cannot fairly blame the police unless or until it is clearly established that the participants in any particular incident uniformly acted in a responsible, sane and safe manner.
Dogman - No slander Registered | 07-02-2008 23:51:50
Old fire dog did not slander anyone. It looked to me that he was signing his post with, KD-President Lake County Iron Pigs Motorcycle Club.
Dogman
LisaCLK - re: KD, KD, KD, Registered | 07-03-2008 09:34:32
NoGames wrote:
Hey KD I guess you're not in on the joke. LisaCLK is not a female. LisaCLK is a local Business man in Lakeport whom spends most of his time on line or in person harrassing and stirring up #### with his lies,libel, and cons. The latest one going around Lakeport involves Jeannie the manager of the Clearlake Club and her run in with this nut case while trying to get her motorcycle fixed at his autoshop. Everyone in town is shaking their head over that one. Remember the old saying don't argue with idiots they will only change the argument (or in this case his board name!)

Hey "NO GAMES" First of all I promise you I am a woman and more then you will ever see. Second I did not make the posting and had it removed. Third the posting above yours is from someone named Fran, perhaps she is not woman or man but an alien since you think you know who everyone is on here and know everything going on about bartenders in Lake County. Get a grip I talk about real issues and news in Lake County. let your obsession go about these Lake County Iron hogs and quit using them and people like me and Fran to promote your crusade and to drag others good peoples name down into your pigsty. PS know it all, try using spell check next time so you can spell those hard to spell words like harassing correctly.
lcnewsadmin - Re: Slander Super Administrator | 07-03-2008 17:35:04
Look gang, while it might be fun to throw around these curious accusations of maligning fictitious screen names I'd like to point out three things.

First: slander is an utterance, not the written word. That is called libel.
Second: you can't libel a fictitious screen name...
Third: there has to be some proven damage for there to be either of these.

So let's all take off our Communications Juris Doctor hats.

Because this is boring to me I'm going to start removing all the phantom posts with partial IPs. If you don't log on, you don't get to comment and if you try I'll just delete the post to avoid confusion about who is and is not posting.

Thanks.
ADMIN
George - JJ you hypocrite Registered | 07-03-2008 20:04:03
We know you compromise the personal information of members you don't share the same political views with. You release this information to those who should not have access to it. This is libelous. Shame JJ!!! Get off your high horse.
lcnewsadmin - You make no sense Super Administrator | 07-04-2008 15:15:36
George, you are off topic, paranoid and incorrect. But I'll leave your post there so folks can get a glimpse into your inner workings.

Please support your humorous allegations with something other than a tin foil hat opinion next time. I'm not confident that I know what you mean by 'release this info..' what info? What release? To whom?

Our policy is that your information, all of it, if private and we don't share any of it with anyone unless you go off the deep end and we have a high degree of confidence that a crime either has or will be committed; then and only then would I release it to the authorities in the interest of public safety.

I don't even know who you are but you seem to think I have some interest in your views, think again.

What political views do I hold anyway?

And what is it that you suggest is libelous? Please go look up libel so you don't come off like a complete fool next time okay?

INCONCEIVABLE!!!

Try not to cause a forest fire oh Odd One.
George - Nice Tap Dance JJ Registered | 07-04-2008 15:37:55
complete with deflection. Personal information is not secure with you because you have a history of being a tattle tale.

You should have stuck with law. Journalist support you @@@@ at.
lcnewsadmin - Piscem natare doces George Super Administrator | 07-04-2008 16:04:41
Look, you have an actual beef? Let's hear it, in supported detail, but your vague paranoid rants just won't fly here fella.

What personal information are you talking about? We don't give out email addys and since that is the only thing even close that we collect that makes you a hothead paranoid. Have a great fourth, loony.
Dogman - thanks Registered | 07-05-2008 13:21:58
Thanks 'lcnewsadmin' for keeping this site about the topics, and not about a few people who want to blast everything with paranoid stuff.
lcnewsadmin - Welcome Super Administrator | 07-05-2008 15:10:35
Not gonna let these comments get useless like those from across the lake.
Only registered users can write comments!
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