A Fullerton police officer has been charged with second-degree murder and involuntary manslaughter for the death of an apparently homeless man. Another officer faces charges for involuntary manslaughter and excessive use of force. It was argued that the officers resorted to physical force because the homeless man violently resisted arrest.
According to The Huffington Post, the officers responded to reports that a "homeless" individual was peering into car windows and shaking door handles in downtown Fullerton. Once the officers arrived at the scene, they had the man sit on the curb. However, the man, who suffered from schizophrenia, reportedly had issues following the officer's requests. It was at this time that an officer allegedly threatened force upon the man.
The officers have been accused of beating the man for 10 minutes in which they pinned him to the ground so hard that he wasn't able to breathe. The man's cause of death was determined to be compression of the thorax as well as injuries to the face and head.
If the officer facing murder charges is convicted, he could serve a maximum of 15 years to life in prison. The other officer faces a maximum penalty of four years in prison if convicted.
It isn't easy for most people to wrap their brain around this type of controversial incident, mostly due to the fact that numerous accounts of the incident have been shared. Not every case of battery or assault results in death. However, anyone charged with a violent crime or making threats faces serious penalties if convicted.
California Penal Code Section 242 defines battery as "any willful and unlawful use of force or violence upon the person of another" and California Penal Code Section 240 states that assault is "an unlawful attempted, coupled with present ability, to commit a violent injury on the person of another."
As a battery defense lawyer in California, Daniel Kann understands the importance of building a strong case on his clients' behalf to protect their rights and help restore their good name. Assault and battery cases are complex, often leaving a person confused about their legal rights. To find out more about how Mr. Kann can help keep you out of jail, call 888-744-7730 today.
