Rocco Morgan Jr., 42, was shot on July 15 by Officer Brittany Shores, dying several days later, according to the report, released Sunday by District Attorney Susan Krones.
Krones said Shores responded to a home on Mullen Avenue where a man had called police to report that his brother was threatening to stab and kill him.
When Shores arrived, she found Morgan in a back bedroom of the home he was sharing with his girlfriend, two young children and his younger half-brother, identified in the report as “C. H.” In that bedroom, Morgan was punching his brother.
Shores grabbed Morgan’s arm but couldn’t hold onto him because of his strength. Krones’ report said Morgan continued to punch his brother and then began to stab him.
Believing the victim’s life was in danger, Shores fired one shot at Morgan, which had no effect, so she fired a second time before leaving the room when backup officers arrived and told her to get back, according to the report.
Morgan was taken by ambulance to Adventist Clear Lake Hospital in Clearlake for emergency treatment and later transported to Santa Rosa Memorial Hospital for further treatment. Krones said he died on July 20, five days after the shooting.
Krones said an autopsy found that Morgan had a bullet wound to his left wrist and to his chest between his sixth and seventh ribs, which injured Morgan’s right lung, his liver and his diaphragm, causing his death. He also had a blood-alcohol level of approximately 0.13 percent.
Pursuant to a countywide critical incident protocol, Krones and her staff investigated the incident.
Krones said Shores believed the victim’s life was in imminent danger and had tried to use nonlethal force to stop Morgan’s attack before finally shooting him.
“There is overwhelming evidence that Officer Shores’ actions meet the standard of a reasonably prudent law enforcement officer and the discharge of her firearm was an objectively reasonable use of force under both California statutory law and State and federal case law,” Krones said.
She concluded, “It is my opinion that there is no evidence of criminal culpability on the part of Officer Shores in the death of Mr. Morgan. In fact, the words of C. H. summarizes the case very well. “If she didn’t shoot him I would’ve been dead.”
Krones’ full report on the shooting, including her analysis and findings, is below.
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LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
REGARDING OFFICER INVOLVED SHOOTING OF
ROCCO MORGAN JR.
INTRODUCTION:
On July 15, 2019, Clearlake Police Office Brittany Shores responded to a call of a “brother threatening to stab him and kill him.” Officer Shores was the first to arrive on scene. As Officer Shores approached the house she heard yelling and a ruckus coming from the residence. She knocked on the door and a female let her in. Shores heard noise coming from the back bedroom and a male yell “Help me.” The back bedroom was barricaded but Shores was able to enter. She saw a heavy set male (Rocco Morgan, Jr.) hitting a smaller man (C. H.) in the corner of the room. Upon further observation, she saw that Morgan had a knife and was stabbing C. H. repeatedly. Shores believed that Morgan was going to kill C. H. so she fired one shot at Morgan. That did not stop Morgan from his attack. Shores fired another shot at Morgan and Morgan stopped the attack. Morgan and C. H. were taken to the hospital. Morgan died due to a bullet wound that damaged his lung, diaphragm and liver.
It is the finding of this office that the killing of Rocco Morgan Jr. was justifiable homicide pursuant to California Penal Code Sections 196 and 197. (see Fn. 1)
PROCEDURES:
Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2019, The Lake County District Attorney Investigation Division conducted an independent investigation into the incident. Also, an internal investigation was conducted by the administration at Clearlake Police Department.
The purpose of the District Attorney’s investigation is to determine the facts of the incident, whether any crime has been committed and whether or not criminal charges should be filed against any individual involved.
Fn 1 This incident occurred prior to California Assembly Bill 392’s amendments to Penal Code sections 196 and 835a. Therefore, this incident is analyzed under the law as it existed at the time of the events.
This report and findings are conducted pursuant to California State Law and the Lake County Law Enforcement Fatal Incident Protocol of 2019. Any findings by the District Attorney is for the sole purpose of criminal charging, using a “beyond a reasonable doubt” burden of proof standard.
FACTS:
At the time of his death Rocco Morgan Jr. was 42 years old with a last known address of 3875 Mullen Ave. in Clearlake, CA. Morgan had a lengthy criminal history including but not limited to:
Battery on a peace officer 7/21/97 – misdemeanor
Participation in a street gang 7/1/97 – felony
Concealed weapon on person 7/1/97 – felony
Felon in possession of a firearm 8/15/13 – felony
Domestic Violence 5/31/16 – misdemeanor
Domestic Violence 9/11/18 – misdemeanor
At the time of the incident Morgan was living with his girlfriend and his 2 young children and his younger half-brother, C. H. C. H. had a bedroom in the rear of the single story house.
According to Shores, she was in the area of 36th Ave when she was dispatched to 3875 Mullen Ave. with a reporting party stating that “his brother is threatening to stab him and kill him”. As Shores approached the house she could hear yelling and a ruckus inside. Shores knocked on the door and a woman answered the door. The woman was holding a baby. Shores asked the woman “who has the knife?” Shores was told the name and started calling the name as she went down the hallway to the back room where Shores heard the ruckus. Shores drew her firearm. She heard someone say “help me” from the back room. The back bedroom door was partially open. Shores re-holstered her firearm before entering the room. Shores had to use her shoulder to open the door as it was blocked. Shores said a male with an orange shirt (Morgan) was down on a pile of something. Shores yelled something and then Morgan stood up, looked at Shores and then started punching another male who was on the floor (C. H.).
Shores called for Code 3 (back-up officers). As Shores went further into the room she was able to grab the arm of Morgan but was not able to maintain a grip on his arm because Morgan was very strong. Morgan continued to punch C. H. At this time Shores saw that Morgan had a knife in his hand and was stabbing C. H. Shores saw blood splatter on C. H.’s face. C. H. was on his back against the wall and under a desk.
Shores believed that Morgan was going to continue to stab C. H. and that his life was in danger. Shores drew her firearm and fired one shot at Morgan. This had no effect on Morgan so Shores fired one more shot at Morgan. Shores felt that if she did not use this level of force the suspect would have killed C. H. At this time back up arrived and yelled at Shores to get back. Shores left the room and left the house. By this time an ambulance arrived on scene. Morgan was taken by ambulance to Adventist Hospital in Clearlake for emergency treatment. Morgan was later transported to Santa Rosa Memorial Hospital for further treatment. Morgan died on July 20, 2019 at 3:38 a.m. An autopsy was conducted by Dr. Jennifer Hammers on July 20, 2019 from 11:00 a.m. to 1:15 p.m. Morgan had a bullet wound to his left wrist and to his chest between his 6th and 7th rib. The bullet injured Morgan’s right lung, his liver and his diaphragm. This was the cause of death. Morgan’s blood alcohol level was approximately .13%.
INVESTIGATION:
The investigation was conducted by the District Attorney’s Office Bureau of Investigations. Division. The Lead Investigator was Scott Poma. The investigation included an inspection of the residence and particularly the back bedroom where the shooting took place. Investigators located 2 expended 40 caliber shell casings and a steak knife with a 3 inch serrated blade that was covered in blood. This was the knife Morgan used to stab his brother C. H.
On July 16, 2019 Investigators Poma and Cox contacted C. H. at Santa Rosa Memorial Hospital. C. H. said he lived at 3875 Mullen Ave. in Clearlake with his brother, Morgan, and Morgan’s girlfriend. C. H. is Morgan’s half-brother.
C. H. said that Morgan had been consuming drugs recently and was displaying signs of paranoia. About 2 hours before the stabbing, Morgan contacted C. H. in C. H.’s back bedroom and demanded to see his computer as Morgan believed C. H. was recording him. Morgan also threatened to cut C. H.’s throat.
A short time later C. H. heard Morgan’s girlfriend yell for C. H. to call the police. C. H. came out with his phone and told Morgan he would call the police if Morgan did not calm down. About 20 minutes before Morgan stabbed C. H., Morgan told C. H. he was going to go to “Facebook Live” and stream himself stabbing C. H. Morgan told C. H. not to call the police or he would kill him.
Just a few minutes before the stabbing, Morgan accused C. H. of spying on him and Morgan hit C. H. with a closed fist to the left side of his face. Morgan left the bedroom and C. H. started barricading the door to his room. Morgan returned and was able to squeeze through the door.
C. H. called 911. C. H. knew that Morgan kept a knife in his pocket and he saw Morgan had something in his hand as he came into the bedroom. C. H. picked up a screwdriver to defend himself. Morgan asked C. H. what he was going to do with the screwdriver. C. H. put the screwdriver down. Morgan pulled out a knife. Both Morgan and C. H. were standing facing each other at this point. C. H. heard a female voice calling Morgan’s name. C. H. dropped down and went underneath his computer desk. C. H. believed the female calling Morgan’s name was a police officer. Morgan followed C. H. and began stabbing C. H. Morgan stabbed C. H. four times in his chest and two times in his back. C. H. remembers that Morgan was stabbing him when the police officer came into the room. C. H. said everything happened very fast. C. H. said that he believed Morgan would have killed him if it was not for the Officer’s actions. C. H. said, “If she didn’t shoot him I would’ve been dead.”
LEGAL ANALYSIS:
The relevant California statutory and case law regarding this matter is set forth below.
Penal Code Section 196 states in part:
Homicide is justifiable when committed by public officers ….:
(2) When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty.
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.
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.
In People v. Escobar (1992) 3 Cal.4th 740, 750 the court held that “It is well settled that the determination of great bodily injury is essentially a question of fact, not of law.” In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1109 the court held that “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 effect it.” It continues “The question is whether a peace officer’s actions were objectively reasonable based on the facts and circumstances confronting the peace officer.” “The test is highly deferential to the police officer’s need to protect himself and others.” Munoz p. 1102.
California law permits the use of deadly force in one’s self defense or in the defense of another if it reasonably appears to the person claiming the right of self-defense or the defense of another that he actually and reasonably believed that he or another was in imminent danger of great bodily injury or death. People v. Williams (1977) 75 Cal.App.3d 731.
The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 hindsight. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation. Graham v. Connor (1989) 490 U.S. 386
In the instant case, Officer Shores was responding to a call of a man threatening to stab his brother and kill him. When Officer Shores arrived to the house she asked Morgan’s girlfriend, “Who has the knife?” Officer Shores heard a commotion in the back room and heard someone yell “help me”. When she was able to get through the door she saw a male with an orange shirt (Morgan) over a pile of something. Shores yelled something and then Morgan stood up, looked at Shores and then started punching another male who was on the floor (C. H.). She was able to grab the arm of Morgan but was not able to maintain a grip on his arm because Morgan was very strong. Morgan continued to punch C. H. At this time Shores saw that Morgan had a knife in his hand and was stabbing C. H. Shores saw blood splatter on C. H.’s face.
Shores believed that Morgan was going to continue to stab C. H. and that C. H.’s life was in imminent danger. Before Shores shot Morgan, she did try to stop Morgan using non-lethal force by grabbing Morgan’s arm in an attempt to stop him. She yelled at Morgan to stop. This had no effect on Morgan, who pulled away and continued to stab C. H. Shores then drew her firearm and fired one shot at Morgan. This first shot had no effect on Morgan so Shores fired one more shot at Morgan. Shores felt that if she did not use this level of force the suspect would have killed C. H. Shores’ use of lethal force was justified to save the life of C. H. Shores reasonably believed that if she did not shoot Morgan a second time that Morgan would have killed C. H.
FINDINGS:
There is overwhelming evidence that Officer Shores’ actions meet the standard of a reasonably prudent law enforcement officer and the discharge of her firearm was an objectively reasonable use of force under both California statutory law and State and federal case law.
It is my opinion that there is no evidence of criminal culpability on the part of Officer Shores in the death of Mr. Morgan. In fact, the words of C. H. summarizes the case very well. “If she didn’t shoot him I would’ve been dead.”
Dated:
_____________________________
SUSAN KRONES
District Attorney