Napa Police Officer Cleared in Shooting Death

The Napa County District Attorney’s office has released the findings from its investigation into Napa police officer Nicholas Dalessi’s fatal shooting of Richard Poccia last November.

A from the district attorney’s office called Poccia’s death “tragic." But, acccording to DA Gary Lieberstein, Dalessi acted with the legal justification of reasonable self defense when he shot Poccia on Nov. 28, 2010 in front of his Meek Avenue home in the east Napa Alta Heights district.

The morning Poccia, 60, was shot, police responded to calls to dispatch from his wife, family and friends that Poccia, who was alone in his home, had been depressed for the past two days and was deteriorating, according to the press release.

Police records said that Poccia had been drinking heavily and owned at least 13 firearms, including rifles and handguns.

Calls to dispatch also reported Poccia had fired a shot through an inside wall of his house, was suicidal and a threat to others, the district attorney’s office said.

A doctor friend had visited Poccia earlier the day of the shooting and told police Poccia told him if police came to his home they or he (Poccia) or both would die, the press release said.

The doctor confirmed that Poccia was suffering from post-traumatic stress and paranoia. Poccia was employed as a nurse for many years, but at the time of his death, he had been unemployed for months.

Police also contacted Poccia’s health provider who said Poccia could be suffering from withdrawal from Klonopin, a drug which is prescribed for seizures and panic disorders, according to the district attorney’s office.

The day of Poccia’s death, police were able to talk to him on his cell phone. He agreed to walk out from his residence unarmed, the press release said.

Knowing Poccia possessed firearms and was mentally unstable, officers told him to walk out of the house slowly with his arms raised above his head, telling him they were only there to help him, the district attorney’s office said.

At first, Poccia complied with the officers’ instructions. However, when Poccia was about eight feet from the officers, his demeanor changed, the press release said, adding he lunged at one of the officers and became belligerent and aggressive. He ignored the commands of police, yelled profanities and assumed a fighting stance.

Although the police kept telling Poccia to keep his hands raised, police said he reached into his waistband and started to pull out an object.

Fearing for their safety, Dalessi fired one shot, hitting Poccia in the head and killing him instantly. The weapon Poccia was reaching for turned out to be a metallic four-inch folding knife, the press release said, adding that was the only weapon found on him.

Toxicology tests showed that at the time of his death, Poccia’s blood-alcohol level was .32 percent, the district attorney’s office said.

State law says a killing by a police officer is justifiable and lawful when committed in overcoming actual resistance to the performance of legal process, the press released stated.

The district attorney’s office ruled that Poccia ignored the officers' commands and instructions.

The officers were aware of his earlier threats to kill himself and/or police and knew he was heavily armed, the district attorney’s office said, adding that Dalessi only had a split second to react when Poccia reached into his waistband to retrieve an object.

The district attorney’s investigation into the shooting death of Poccia by Dalessi indicates that he believed Poccia posed an immediate and serious threat of death or great bodily harm, the records show.

Investigators determined the officer shooting was justified and no criminal act was committed.

Poccia’s family has filed a civil lawsuit against the .