Lake County District Attorney’s Final Report

December 19, 2006

CASE NO: DA #06-10-03

I.  SUMMARY

On October 14, 2006, Williams Area California Highway Officer Jim Duron initiated a pursuit in Colusa County as a result of a BOL (be on the lookout) broadcast for a suspected drunk driver driving a red jeep with a tire on the rear.  The suspect vehicle had been seen in the area of Maxwell Road and Colusa Road toward Interstate 5.  Officer Duron located the suspect vehicle and attempted to effect a traffic stop.  The suspect vehicle failed to yield and a pursuit was initiated.  The pursuit terminated at Highway 20 and Sulfur Bank Road, Clearlake Oaks, Lake County.  The suspect, identified as Lamar Peters, was shot as a result of this incident and transported to Santa Rosa Memorial Hospital where he was pronounced dead at 1530 hrs. by Dr. David M. Hardin.      

The pursuit involved the following California Highway Patrol Officers and supervisors:   
Williams Area: Officers Jim Duron, Officer Ray Jacenich and Sergeant Scott Fredrick.  
Clearlake Area: Officers Greg Baxter, Adam Garcia, Carl Thompson and Sergeant Dave Stark.

Approximately 1315 hrs., California Highway Patrol Officer Jim Duron received a report from California Highway Patrol dispatch of a possible drunk driver in the area of Maxwell Road and Colusa Road approaching Interstate 5.  Officer Duron responded toward the area and saw a vehicle matching the description of the BOLO (be on the look out).  Officer Duron positioned his specially marked California Highway Patrol car behind the possible suspect vehicle.  Officer Duron activated his forward red spot light, and rear amber lights.  Officer Duron said the vehicle failed to pull over.  Officer Duron activated his siren after following the vehicle for approximately one quarter (1/4) to one half (½) mile.  Officer Duron said the vehicle, Suzuki, pulled over and stopped on Highway 45 just north of the Colusa Casino.  Officer Duron said the vehicle was partially blocking the southbound lane of traffic after stopping.  Officer Duron pulled behind the vehicle and told the driver, by use of the PA system, to pull the vehicle to the right to clear the roadway.  

Officer Duron said the driver, who appeared to be of Hispanic or Indian heritage, looked in the side mirror and pulled back onto Highway 45.  Officer Duron said the vehicle traveled to Winton Road and made a left turn.  Officer Duron used his PA system and told the driver to stop.  The driver stopped again and Officer Duron pulled alongside the vehicle, exited his patrol car and stopped at the left front of his patrol car where he told the driver of the suspect vehicle to turn off the vehicle and exit the vehicle.  Officer Duron said the driver looked at him with a “dazed” look and appeared to be intoxicated.  Officer Duron said the driver took off at a high rate of speed.

Officer Duron pursued the suspect vehicle into the Winton Indian Reservation.  Officer Duron continued to pursue the vehicle into a dirt field on the Reservation.  Tribal Council chairman Wayne Mitchum and council member Nolan Gonzales were in the area observing this activity.  Both Mr. Mitchum and Mr. Gonzales said they were concerned for the safety of the people on the Reservation as there was a “ceremonial tribal ceremony” being performed at the time.

Officer Duron and the suspect vehicle exited the field and the pursuit continued on Highway 45 toward the city of Colusa.  California Highway Patrol Officer Ray Jacenich joined in the pursuit as the suspect vehicle returned onto Highway 45 after leaving the Winton Indian Reservation.  The pursuit continued through the City of Colusa and onto Highway 20.  California Highway Patrol Sergeant Scott Fredrick joined the pursuit and took over as supervisor of the pursuit.  

According to Sergeant Fredrick, Officer Duron and Officer Jacenich the suspect vehicle was driving in a reckless manner and on several occasions crossed over the center dividing line and drove in the opposing traffic lanes.  On more than one occasion the suspect vehicle was endangering oncoming traffic by driving in their lanes.  

The suspect was observed to throw glass bottles and a bag out of the vehicle.  The bottles were believed to be beer bottles and the bag appeared to have a white powdery substance.  The bottles crashed when they hit the roadway.  

The pursuit continued on Highway 20 and Sergeant Fredrick requested air support.  Sergeant Fredrick requested Clearlake Area California Highway Patrol units take over the pursuit after crossing over the county line.  Sergeant Fredrick was advised the Clearlake Area units were assisting the Lake County Sheriff’s Department at the time.  Colusa California Highway Patrol units continued the pursuit into Lake County.  

Clearlake Area California Highway Patrol Sergeant Dave Stark responded from the Clearlake Area office to assist in the pursuit.  California Highway Patrol Officers Greg Baxter, Carl Thompson and Adam Garcia responded after clearing their call with the Lake County Sheriff’s Department in Lakeport.  Sergeant Stark and Officer Baxter arrived at Highway 53 and Highway 20 together and took a position on Highway 20 to take over the pursuit from the Williams Area units.  

Officer Baxter took over as the “primary” pursuit vehicle and Sergeant Stark took over as “secondary.”  Sergeant Stark requested Sergeant Fredrick to keep one (1) Williams Area unit in the pursuit.  Sergeant Fredrick was the unit that remained in the pursuit.  Officers Duron and Jacenich backed off the pursuit and just followed.  Sergeant Stark had the Lake County Sheriff’s Department units terminate their involvement in the pursuit.  

Officers Thompson and Garcia took a position at the east end of Clearlake Oaks.  Officer Thompson attempted to lay a spike strip but did not have enough time.

Officer Baxter requested permission from Sergeant Stark to perform the “pit” (pursuit intervention technique) to stop the suspect vehicle.  After receiving authorization, Officer Baxter, performed the “pit” maneuver on the suspect vehicle on Highway 20 near Sulfur Bank Road.  The suspect vehicle stopped for a short period of time then started again.  It was at this point Sergeant Stark rammed the suspect vehicle.   After ramming the suspect vehicle, Sergeant Stark’s vehicle came to rest behind the suspect vehicle.  Sergeant Stark, believing the pursuit was over, started exiting his vehicle.  The suspect vehicle was now surrounded by California Highway Patrol units.  Sergeant Stark saw the suspect vehicle accelerating rapidly toward him.  

Officer Baxter said while all this was occurring the suspect vehicle was “ping ponging” off California Highway Patrol units.  Officer Baxter observed the suspect vehicle backing toward Sergeant Stark who was exiting his patrol vehicle.  Officer Baxter fearing for Sergeant Stark’s safety drew and fired his weapon at the suspect.  

The suspect vehicle stopped and officers, with their weapons drawn, ordered the suspect to exit the vehicle.  Initially it appeared the suspect was not responding to commands.  The suspect exited the vehicle, at which time, officers could see blood on the suspect.  The suspect laid on the ground, officers handcuffed the suspect and Officer Garcia and Sergeant Fredrick, emergency medical technicians, began providing aid to the suspect.  The suspect was airlifted and transported to Santa Rosa Memorial Hospital were he was pronounced dead at 1530 hrs.  The suspect was transported to the Sonoma County Coroner’s Office.

October 16, 2006, Doctor Kelly Arthur of the Sonoma County Coroner’s Office performed the autopsy on Mr. Peters.

The autopsy report prepared by Dr. Arthur indicates Mr. Peters was shot five (5) times.  

- Gunshot number 1 entered the right upper chest lateral to the nipple.

- Gunshot number 2 entered the right upper chest lateral to the nipple.

- Gunshot number 3 entered the right upper chest lateral to the nipple.  Gunshot number 3 was
re-entry from gunshot number 4.

- Gunshot number 4 entered the right dorsal forearm.

- Gunshot number 5 entered the left upper arm.

Dr. Arthur concluded through the autopsy the cause of death was multiple gunshot wounds .  

A hospital collected blood sample was taken from Mr. Peters and sent to Central Valley Toxicology Inc. for a complete blood screen.  The analysis was performed by Alan D. Barbour and B.L. Posey.  No common acidic, neutral or basic drugs were detected.  Blood Ethyl Alcohol was detected at 0.14%.      

II.  DISTRICT ATTORNEY’S INVESTIGATION

Pursuant to the Officer-Involved Fatal Incident Protocol the District Attorney’s Office was contacted by Lt. Dane Hayward, Commander of the Clearlake Area California Highway Patrol Office on the afternoon of the incident and requested to respond.  Investigators John Flynn, Craig Woodworth, James Crane and Von Morshed responded and conducted an investigation in conjunction with members of the California Highway Patrol.  All statements of officers involved in the incident, relevant police reports, investigative reports, medical reports and related reports were reviewed.  Photographs of the scene and a  video of the pursuit and shooting taken via a camera mounted on a CHP aircraft  were also reviewed.  

According to the Officer-Involved Fatal Incident Protocol, the District Attorney was charged the following in this “incident” investigation: (1)  perform an independent investigation, separate from that of any other  police investigator; (2)  monitor the conduct of any other police investigation to insure the integrity of that investigation; (3) gather and review all evidence taken during the investigation; (4) conduct a thorough review of the above and make a final determination relating to the filing of any criminal charges deemed appropriate as a result of the officer’s conduct which lead to Mr. Peter’s death.  Those roles have been carried out in this investigation.


III.  LEGAL ANALYSIS AND CONCLUSIONS

On October 14, 2006, Williams Area California Highway Officer Jim Duron initiated a pursuit in Colusa County of a suspected drunk driver.  The suspect vehicle had been seen in the area of Maxwell Road and Colusa Road toward Interstate 5.  Officer Duron located the suspect vehicle and attempted to effect a traffic stop.  The suspect vehicle failed to yield and a pursuit was initiated.  The pursuit terminated at Highway 20 and Sulfur Bank Road, Clearlake Oaks, Lake County.  The suspect, identified as Lamar Peters, was shot as a result of this incident and transported to Santa Rosa Memorial Hospital where he was pronounced dead at 1530 hrs.

Based on my review of all reports and evidence gathered,  I have reached the following conclusions:

- Officer Gregory Baxter of the Clearlake Area California Highway Patrol Office fired the fatal shots.

- Officer Baxter feared for his safety when the suspect was “ping-ponging” him.

- Officer Baxter thought the suspect was going to injure or kill Sergeant Stark by ramming Sergeant Stark with the suspect vehicle.

- Officer Baxter had an “honest and reasonable belief that he had to resort to the use of deadly force in order to prevent death or the infliction of great bodily injury upon himself or Sgt Stark.”

- The cause of death was multiple gunshot wounds .  

Based on the investigation, information, statements, and evidence provided there is no indication of any criminal law violation by Officer Baxter and his conduct is criminally justified.  If you have any questions, please do not hesitate to contact me.

Gerhard W. Luck
District Attorney