* Officers Omar Daza-Quiroz and Eriberto Perez-Angeles were justified in shooting Derrick Jones according to Oakland DA
Published by Staff Writer on March 8, 2011
The mother of an Oakland barber who was shot and killed by two Oakland police officers in a confrontation on Nov. 8 said today that she’s “very disappointed” that the Alameda County District Attorney’s Office will not file any charges against the officers.Nellie Jones, the mother of 37-year-old Derrick Jones, who was unarmed in the incident, said her son was “nothing but a scared man who didn’t want to come into contact with police.”
Assistant District Attorney Richard Klemmer said in a 12-page report made public today that Officers Omar Daza-Quiroz and Eriberto Perez-Angeles were justified in shooting Derrick Jones near the 5800 block of Bancroft Avenue in East Oakland because they had a reason to believe that he had a gun and posed a threat to their lives.Klemmer said it appears that the two officers “actually and reasonably believed they were in imminent danger of great bodily injury or death” and “there is a lack of evidence to support a prosecution against either officer.
“Klemmer said Jones fled on foot from the officers after they responded to a woman’s report that he had tried to strangle her and that he ignored repeated orders to surrender and show his hands.The report says that at one point Daza-Quiroz saw what looked like a metal object in Jones’ hands and thought it was a gun.At another point, Daza-Quiroz “heard a metal object drop, hit and slide in the area where Mr. Jones was running” and thought Jones might have thrown a gun away but suspected that Jones was still armed with a gun, Klemmer said.
The report says the officers shot at Jones because he was reaching into his waistband, which they thought indicated that he was reaching for a gun.No weapon was found at the scene, but officers found a small metal scale and a small amount of marijuana, the report said.The report says Daza-Quiroz thought he had fired four shots but an inspection of his pistol and magazines established that he had fired seven shots.Perez-Angeles thought he had fired twice, and that was confirmed by an examination, according to the report.
An autopsy disclosed that Jones suffered six entry wounds — one to the front of his chest, one to the front of his abdomen, one to his right thigh, one to his right knee, one to his right lower leg and one to his left lower leg — the report said. He was pronounced dead at the scene.The report said Jones’ blood alcohol level was 0.13.Nellie Jones said the officers “didn’t have to shoot at my son nine times,” saying “there’s no justification for that.”Jones said a witness told her that her son was putting his hands up in the air at the time that the officers shot him.
But Klemmer said, “Witnesses corroborate the officers’ recount of the event, including that the officers repeatedly and clearly shouted for Mr. Jones to stop running and to show his hands and remove his hands from his pockets.”Nellie Jones alleged that the woman who told the officers that her son had tried to strangle her “was vindictive” and “was mad at him because he didn’t want to be with her anymore.”Jones said a man who has a hair salon next door to her son’s barber shop told her later that the woman came to her son’s barber shop about six hours before the shooting and repeatedly refused her son’s request that she leave him alone.
Jones said the man told her that the woman hit her son in the face more than once and her son had to take a knife away from her but never struck her.Jones said her son did not want to call police to report the woman’s actions on that day or previous occasions because he had a criminal record and feared that any contact with police, even if he was a victim, would result in him being sent back to prison.
Oakland police said after Derrick Jones was killed that he was on parole for an illegal gun conviction and also was previously arrested on illegal drug charges, domestic violence and resisting arrest.Jones’ death prompted a number of protest marches by community members and activist groups such as By Any Means Necessary who alleged that the officers shouldn’t have shot Jones because he was unarmed.Because of the community members’ concerns, Oakland Police Chief Anthony Batts has asked the FBI to do an independent investigation of the shooting.
Police spokeswoman Holly Joshi said today that the FBI is still conducting its investigation as far as she knows and that the Oakland Police Department’s internal affairs is still working on its investigation of the shooting. Daza-Quiroz and Perez-Angeles returned to work shortly after the shooting, Joshi said.Oakland civil rights attorney John Burris said the District Attorney’s decision not to file charges will have “no impact” on the $10 million claim he has filed against the officers and the city of Oakland on behalf of Jones’ family Burris said that if the city rejects the claim, he will then file a wrongful death lawsuit on behalf of the family seeking a similar amount.Nellie Jones said even if a claim or lawsuit against the officers and city are successful, “Nothing can bring back my son and I can’t get justice for him.”
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