NAPA D.A.: Officer-Involved Shooting 'Legally Justified'

Napa County District Attorney Gary Lieberstein announced today that his office has completed its review of the April 2, 2013 shooting of Pablo Ramirez by a Napa police officer while in his capacity as an agent with the Napa Special Investigations Bureau (NSIB).


Lieberstein on Friday issued the following report:

"After careful review of all the evidence, the District Attorney’s Office has concluded that Officer Eric Koford was legally justified in shooting Ramirez in self-defense.

"On April 2, 2013, Napa Police Department Officer Eric Koford was on duty as a member of NSIB when he contacted Pablo Ramirez as part of an arrest team.

"Ramirez was the object of a criminal investigation and had an outstanding arrest warrant for a violation of probation. Ramirez was also believed to be transporting drugs to sell in Napa after a prearranged agreement. The agreed meeting place was the Home Depot parking lot. Ramirez arrived at the agreed meeting as the front right passenger in a Honda Civic.

"After the Honda parked, NSIB agents entered the lot with emergency lights and sirens on and blocked the Honda’s ability to exit. NSIB Investigators dressed in police raid gear approached the Honda with guns drawn, shouting instructions to the occupants in English and Spanish Agent Koford contacted Ramirez.

"Ramirez had both feet outside of the Honda when he lunged forward and grabbed Agent Koford’s hands which were around his gun. Agent Koford feared that Ramirez would wrestle his gun from him, thereby endangering not only his life, but that of the other officers. Koford fired one shot into the upper right chest of Ramirez.

"Ramirez survived the shooting. After Ramirez’s arrest, methamphetamine was found in his jacket pocket and hydrocodone pills were located in a bag near the seat in which Ramirez had been seated in the Honda. A drug test of Ramirez’s blood was positive for methamphetamine, hydrocodone, and lidocaine.

"NSIB invoked the Napa County Law Officer-Involved Fatal Incident Protocol.

"Under this protocol, members of the Napa County Sheriff’s Department assumed responsibility for the investigation of this shooting incident. A comprehensive report was presented to the Napa County District Attorney’s Office for review.

"The Napa County District Attorney’s Office reviewed the investigation to determine if there existed any criminal liability on the part of Agent Koford.

"A peace officer may detain an individual upon a reasonable suspicion that the person to be detained has engaged in criminal activity. The purpose for the detention is to allow the peace officer an opportunity to confirm or dispel the suspicion of criminal activity.

"Under California law, a peace officer has the authority to make an arrest of an individual upon probable cause to believe a crime has been committed or in obedience to a warrant (Penal Code Sections 830, 836).

"An individual has a duty to submit to lawful detention or arrest. Additionally, a peace officer need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose the right to self-defense by the use of reasonable force to effect the arrest, to prevent escape, or to overcome resistance.

"A peace officer is justified in using deadly force “[w]hen 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 196) or he reasonably believes that he is in imminent danger of being killed or suffering great bodily injury; and that the immediate use of deadly force was necessary to defend against that danger (Penal Code Section 197).

"In this case, Agent Koford knew that Ramirez had an outstanding warrant for his arrest. He also had been briefed that Ramirez was transporting methamphetamine for sale.

"Ramirez lunged at Agent Koford and took hold of the Agent’s hands as he grasped his gun. Agent Koford was fearful that Ramirez was trying to take his gun. Ramirez outweighed Agent Koford by approximately fifty pounds. Agent Koford feared that he and his fellow agents could suffer serious bodily injury or death when he felt Ramirez overpowering him and gaining control.

"Therefore, he shot one time into Ramirez’s chest, which caused Ramirez to release his grip and submit to being arrested. Ramirez admitted that he knew that the NSIB agents were police officers. Furthermore, he confirmed that he opened his door.

"This was despite being ordered to stay in the car as confirmed by another occupant of the Honda and also ordered to “stop” as reported by Agent Koford."

Lieberstein said the full report and its conclusions have been provided to Napa Police Chief Richard Melton, Agent Koford’s employer; Agent Koford; and Napa County Sheriff John Robertson on behalf of the Sheriff’s Department as the lead investigating agency.

At this time, the full report is being released to the media and public, he said.