LAKE COUNTY, Calif. – Following an investigation that lasted nearly a year, on Monday the district attorney released his finding in the March 2016 fatal shooting of a man by a Clearlake Police officer during a struggle, ruling that the officer’s actions were justified.
District Attorney Don Anderson said Officer Michael Dietrick’s shooting of Joseph Louis Melvin, a 46-year-old Clearlake resident with a lengthy criminal history, was a case of justifiable homicide.
“Fearing for his life, Officer Dietrick, fired his firearm striking Joseph Melvin four times. Joseph Melvin was pronounced dead at the scene,” Anderson said in his report.
On March 29, 2016, Dietrick responded to the report of a burglary at a residence at 3292 Park St. At the location, Dietrick encountered Melvin in a bushy area very near the residence, Anderson’s report explained.
While Dietrick was attempting to take Melvin into custody, Anderson said Melvin attacked the office. Dietrick used his Taser on Melvin without success.
Melvin then forced the officer to his knees and beating him with a 12-inch steel flashlight, causing him to start to lose consciousness, Anderson said.
The report said Dietrick fired four rounds from his Glock .40-caliber semi-automatic pistol into Melvin, with three rounds hitting Melvin in the left side chest and one round on the left/front side of the neck. Melvin fell to the ground and later was pronounced dead, according to Anderson.
Melvin later would be found to have had high levels of drugs in his system, with the crime scene investigation discovering a .357-caliber Strum & Ruger pistol, containing six unexpended rounds, wrapped partially in a sock was located under one of Melvin's legs. Anderson said the firearm had the serial numbers ground off.
Anderson said Melvin’s criminal history included convictions for auto theft, burglary, drug possession, possession of stolen property, a felony in possession of a firearm, resisting arrest, driving on a suspended license.
Anderson’s full report follows.
LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT REGARDING OFFICER INVOLVED SHOOTING OF JOSEPH LOUIS MELVIN
INTRODUCTION
On March 29, 2016, Clearlake Police Officer Michael Dietrick responded as a backup unit for Officer Jessie Scott to an alarm at 3292 Park Street, Clearlake, CA. Officer Dietrick had prior alarms and a burglary call to this residence. While investigating the circumstances of the call, Officer Dietrick encountered Joseph Louis Melvin in a bushy area very near the residence in question.
When Officer Dietrick approached Joseph Melvin, Melvin jumped up and attacked the officer. Joseph Melvin forced the officer to his knees where he started to beat the officer with a steel 12 inch flashlight. The officer suffered lacerations and abrasions to his forehead, and started losing consciousness. Fearing for his life, Officer Dietrick, fired his firearm striking Joseph Melvin four times. Joseph Melvin was pronounced dead at the scene.
It is the finding of this office that the killing of Joseph Louis Melvin was justifiable homicide pursuant to California Penal Code Section 196 and 197.
PROCEDURES
Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2016, the Lake County District Attorney Investigation Division conducted an independent investigation into the incident. Also, an internal investigation into the incident was conducted by the administration at Clear Lake Police Department.
This report and findings are conducted pursuant to California State law and the Lake County Law Enforcement Fatal Incident Protocol of 2016.
FACTS
On March 29, 2016 at 12:26 a.m. officers Jessie Scott and Michael Dietrick were dispatched to a report of an alarm sounding at 3292 Park Street, Clearlake. Officer Dietrick is familiar with the residence having responded there on previous alarms and a burglary.
The following set of facts is determined by statements of officers and deputies responding to the scene; Officer Dietrick's body camera memorializing the events both audio and partial video; crime scene investigation and medical reports.
Officer Dietrick is the first officer to arrive at 12:31.25 a.m. It is a dark evening and there are no artificial lights in the area. Officer Dietrick drives past the residence and commences a search down a trail in the bushy and wooded area south of the residence. At about 12:33.15 a.m., Officer Dietrick encounters Joseph Melvin near some bush by the fenced area of the residence. Joseph Melvin is on his knees with his arms stretched out in front of him. There is a red duffle bag next to Melvin lying on the ground. Officer Dietrick draws his firearm and orders Joseph Melvin to put his hands out and lay on his stomach.
At 12:33.36 a.m., Officer Dietrick notifies dispatch that he has "one at gunpoint." Joseph starts to retract his arms. Officer Dietrick holsters his firearm and attempts to grab Joseph Melvin's left arm. Joseph Melvin lunges up and starts attacking Officer Dietrick. Joseph Melvin is able to take Office Dietrick down to one knee. Officer Dietrick draws his taser; however, has difficulty deploying the taser. Officer Dietrick finally deploys the taser, but it is ineffective.
Officer Dietrick attempts to drive stun Joseph Melvin with his taser. This is also ineffective and appears to cause Joseph Melvin to fight harder. Officer Dietrick and Joseph Melvin continue to fight. Officer Dietrick is trying to gain control of Joseph Melvin's hands and Joseph Melvin is trying to push the Officer to the ground.
Officer Dietrick feels several blows to his head as his head is being forced towards the ground. Officer Dietrick sees Joseph Melvin use a full range of motion while hitting him on the head with what is believed to be the officer's steel 12 inch flashlight. Officer Dietrick is able to see Joseph Melvin's face which he describes as "having the look of rage."
Officer Dietrick can feel the wetness of the blood coming down his face from his forehead as Joseph Melvin continues to hit at Officer Dietrick's head with the flashlight. Officer Dietrick gets light headed and starts to lose consciousness. Officer Dietrick feels that if he loses consciousness the subject would kill him. He believes he could not take any more blows to the head.
Officer Dietrick is able to draw his firearm and create a little distance between him and Joseph Melvin. Officer Dietrick fires four rapid rounds from his Glock .40 cal. semi-automatic pistol into Joseph Melvin. Three rounds hit Joseph Melvin in the left side chest and one round on the left/front side of the neck. Joseph Melvin immediately falls to the ground ending the fight. He is later pronounced dead at the scene.
Joseph Louis Melvin, age 46, was a long time residence of the Clearlake, last staying with his wife and friends on Fresno Street in Clearlake. Joseph Melvin was a large man standing at 6"6" weighing 185 pounds. Joseph Melvin had a lengthy history of criminal offenses, including crimes against police officers, thefts and possession of controlled substances. Joseph Melvin's criminal history includes the following events:
1) March 26, 1990, convicted of burglary.
2) January 14, 1994, arrested for receiving stolen property.
3) April 22, 1994, convicted of possession of methamphetamines.
4) April 28, 1994, convicted of a felon being in possession of a firearm. Arrested for additional charges of resisting arrest and evading a peace officer.
5) April 26, 1996, convicted of auto theft.
6) March 24, 2003, convicted of driving on suspended license and resisting arrest.
7) September 12, 2003, convicted of driving on suspended license.
8) June 16, 2003, convicted of resisting arrest.
9) June 1, 2004, arrested for burglary in Plumas County.
10) September 10, 2008 convicted of driving on a suspended license.
11) November 18, 2014, convicted of driving without a license.
12) December 18, 2015, arrested for possession of burglary tools, receiving stolen property and possession of drug paraphernalia.
At the time of the incident Joseph Melvin had a very high level of controlled substances in his system. His methamphetamine level was .57mg/L and an amphetamine level of .07mg/L. He also had methamphetamines and a methamphetamine smoking pipe in his sock and pants pocket. Such a high level of methamphetamine could have contributed to his violent reaction in this incident.
Officer Dietrick suffered a 3cm laceration on his forehead; a hematoma on the back of his head; a hematoma on the top right side of his head; and a hematoma on the left side of his head. There was a moderate amount of blood on his face that covered the front of his uniform chest and stomach. There was blood on his radio and body cam. There was also blood on several areas of his flashlight. Officer Dietrick's uniform pants knees were thick with dirt indicating he had been kneeling as described.
During the crime scene investigation a .357 cal. Strum & Ruger pistol, containing six unexpended rounds, wrapped partially in a sock was located under Joseph Louis Melvin's legs. The firearm had the serial numbers ground off. In the body cam this firearm can be seen on the ground by Joseph Melvin during the fight.
A burglary investigation was conducted at 3292 Park Street by the Clearlake Police Department. Evidence at the scene indicated the suspect of the burglary entered the residence through a window and tripped the alarm system. The suspect removed several items from within the residence which were later recovered in the red duffle bag at the shooting scene and in a pile across the street. Joseph Melvin's shoe prints were located at the burglary scene and also matched those leading to and around the shooting scene and a pile of stolen items from the burglary across the street.
LEGAL ANALYSIS
The relevant California statutory and case law regarding this matter is set forth below.
California Penal Code Section 197 states in part:
“Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,…
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,…”
The test for determining justifiable homicide is apparent necessity, i.e., an honest and reasonable belief in the apparent peril and the need for self defense is enough. The means used, whether deadly or nondeadly force, must be reasonable under the circumstances. In People v. Sonier (1952) 113 Cal.App.2d 277, 278 the court held “The justification of self defense requires a double showing: that defendant was actually in fear of his life or serious bodily injury and that the conduct of the other party was such as to produce that state of mind in a reasonable person.”
California Penal Code Section 196 (Justifiable homicide by public officers) states:
“Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—
1. In obedience to any judgment of a competent court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued or have escaped, or when
necessarily committed in arresting persons charged with felony, and who are fleeing from justice or
resisting such arrest.”
In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court said officers “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.” “Unlike private citizens, police officers act under color of law to protect the public interest. They are charged with acting affirmatively and using force as part of their duties, because “the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to affect it.” Munoz, supra at p. 1109. “‘[Police officers] are, in short, not similarly situated to the ordinary battery defendant and need not be treated the [17] same. In these cases, then, “… the defendant police officer is in the exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater use of force than might be in the same circumstances required for self-defense.
In California, "a police officer who kills someone has committed a justifiable homicide if the homicide was 'necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty.'" The test for whether homicide was justifiable is "whether the circumstances 'reasonably create[d] a fear of death or serious bodily harm to the officer or to another.'" Kortum v. Alkire (1977) 69 Cal.App.3d 325, 333.
The court held “The test for determining whether a homicide was justifiable under Penal Code section 196 is whether the circumstances ‘reasonably create[d] a fear of death or serious bodily harm to the officer or to another.” Munoz v. City of Union City supra at p. 340 and Brown v. Ransweiler, 171 Cal. App. 4th 516, 533.
In Thompson v. County of Los Angeles (2006) 142 Cal.App.4th 154, 165 the court held that "Courts must apply the reasonableness standard objectively, viewing the facts from the perspective of the officer at the time of the incident and not with the benefit of hindsight . Graham v. Connor (1989) 490 U.S. 386, 394 and Martinez v. County of Los Angeles supra at p.343.
In this matter, Officer Dietrick was on duty and acting in his official peace officer capacities when he was dispatched to investigate an alarm. He came upon Joseph Melvin in a bushy and wooded area. Apparently Mr. Melvin had just committed a burglary to the residence in question.
When Officer Dietrick attempted to take control of Joseph Melvin, Melvin attacked the officer forcing the officer to one knee. Joseph Melvin then started beating the officer on the head with a steel flashlight causing injuries to the officer's head.
The officer attempted non-lethal force, first by trying to physically fight with his assailant, then by using his taser. Both attempts were not successful. The officer bleeding from his wounds realized he was losing consciousness and had fear that if he lost consciousness he would be killed. The officer drew his firearm and shot his assailant four times.
FINDINGS
In this matter, it is the findings of the Lake County District Attorney's Office that the officer had been assaulted with a deadly weapon numerous times; had suffered disabling wounds to his head; the officer was starting to lose consciousness; and the officer believed Joseph Louis Melvin would kill him if he lost consciousness. The officer's fear that he would continue to suffer great bodily harm or death, was reasonable in both his state of mind and in fact.
Joseph Melvin's violent conduct and his ability to violently overpower the officer with such force and skill, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm.
It is therefore my finding that the taking of Joseph Louis Melvin's life was justifiable homicide pursuant Penal Code Sections 196 and 197.
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Don A. Anderson
Lake County District Attorney
District attorney: Police officer justified in fatal shooting
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