(CA) Cop kills man who shot him 3 times

Oatka · May 26, 2001, 12:13 PM

Officer Stanton leads an interesting life.

ARTICLE

Vest saves SDPD officer's life in traffic-stop incident

By Joe Hughes, STAFF WRITER

May 25, 2001

San Diego police Officer Steve Staton is lucky to be alive.

Shot in the back three times, his service weapon snatched from his grasp, the 34-year-old officer was able to grab a second gun and fatally shoot a motorist he pulled over early yesterday on Interstate 805, police said.

Police called it a chilling encounter.

"We came very close to losing a police officer out there," said homicide Lt. Jim Duncan.

Staton, on the force since July 1999, was treated at a hospital for severe bruises from the bullets that struck his protective vest. The bulletproof vest, officials said, saved Staton's life.

The motorist, whose identity was not released because his family has not been notified, died at the scene.

It began calmly enough.

Driving his cruiser north on the freeway, Staton saw an older model Honda Prelude weaving in traffic about 12:30 a.m. Suspecting a drunken driver, he pulled the car over just south of the Mesa College offramp, letting a dispatcher know he was making the stop, police said.

Thinking everything was under control, he told the dispatcher he wouldn't need help from other officers. As Staton walked up to the driver, he was pleasantly greeted:

"How can I help you?," the driver said, according to a police account.

Staton told the motorist why he was being pulled over. He asked for his driver's license, proof of insurance and registration papers.

It was, police said, routine.

Then Staton learned there was a warrant for the driver's arrest. The $5,000 warrant had been issued because the motorist was driving with a revoked or suspended license, police said.

Staton told the driver about the warrant. The driver got agitated, telling Staton, "It's only a traffic warrant; we can work it out," Duncan said.

As the driver got out of the car, he drew a revolver from his waist and pointed it at Staton.

"He realized there was no way he had beaten the guy to the draw, and he was too far from him to grab the gun or wrestle it away," said Duncan. "So he dashed for cover over a guardrail on the east side of the roadway."

As Staton ran, the man opened fire.

Staton felt one round whiz past his head. Three rounds struck his back. Two more missed their mark as Staton rolled down an embankment.

Staton drew his gun and was preparing to return fire when the gunman charged over the guardrail and tackled the officer, Duncan said. In the ensuing struggle, Staton lost his gun.

The motorist retrieved it.

"The officer was able to get up off the man, drew his concealed weapon and fired the fatal shots."

Part of the dramatic confrontation was played out over a police radio, with officers on duty hearing Staton, gasping for breath, saying: "Shots fired! I've been hit!"

"The officer was of great determination," said Duncan. "He obviously wanted to live through this."

It was the second time in a little more than three months that Staton killed an assailant. On Feb 16, Staton fatally shot Gerald Brewer Tate, 22, an aviation boatswain's mate in the Navy. Police say Tate was pummeling another officer unconscious on Aero Drive when Staton opened fire.

Earlier this year, Staton made the discovery of four people, including two young children, who had been shot and killed in a triple murder-suicide in Allied Gardens.

Staton will be assigned administrative duty while the latest shooting is investigated.

Yesterday's death marked the fifth time San Diego police have killed someone this year. Last year, San Diego police killed seven people.

Staff writer Pauline Repard contributed to this report.

Double Naught Spy · May 26, 2001, 12:24 PM

Other than the part about the 'routine stop,' the attitude and mindset of the officer served him well. A very bad situation and he made a lot of really good choices from the options available to him, working the odds in his favor. Talk about a situation gone repeatedly bad but getting all the good breaks!

El Rojo · May 26, 2001, 02:18 PM

My understanding is after an officer is involved in situations like these, routine is never ever a situation for the officer ever again. A captain at a local department was shot like three times his first night off of training. He luckily lived and since then nothing is routine for that man anymore. His head is screwed on straight 24-7. I guess for some it takes a good close call to really wake you up.

**Mike Irwin** · May 26, 2001, 03:15 PM

I smell a 'violation of civil rights and excessive use of force' lawsuit coming from the victim's family.

That seems to be common course these days when a shooting occurrs.

Two officers I knew from my days as a newspaper reporter chased the town drunk/badboy/A-hole down an alley after he had played grabby hands with a woman out in front of a bar.

As they pounded down the alley after him, he opens up with a .22 and hit and pretty badly wounded both officers, one in the hip, one in the knee and shoulder. Their vests stopped other rounds.

They returned fire and turned the guy into hamburger.

Miscreant's mother and sister both sober up long enough to get a scheister and file a lawsuit.

After the opening phases, the attorney for the officers, police dept., town, and mayor (all named in the suit) asked that the case be dismissed as meritless, which is pretty standard.

Normally the case isn't dismissed, but this one was.

David Scott · May 26, 2001, 07:33 PM

As Ayoob says, the Body Armor Survivor's Club is a great group, but the initiation really sucks. I'm glad the officer is OK, and IMHO anyone who sues him over this can bite the big one.

Stoner44mag · May 26, 2001, 09:10 PM

It just goes to show how messed up the times we live are. That officer was being paid to protect the public from morons like this and now he will have to worry about being sued because in the course of defending himself he killed the perp. It is definitely an open and shut case of self defense,however you all know some scumbag lawyer will "help" the family of the perp just to get a fat,out of court settlement to line his own pockets with.

handgun357 · May 26, 2001, 10:19 PM

Thank GOD for the back-up piece.

Coronach · May 27, 2001, 01:30 AM

He is a "[color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color] Magnet."

Wow. I hope the Big Dispatcher in the Sky sends this guy some easy runs for a while, eh?

Mike

Jay Baker · May 27, 2001, 01:38 AM

Glad the cop's gonna make it. Any police officer who does not carry a backup gun, is a very foolish cop.

I know two coppers in L.A., who saved their lives because they had backup revolvers (S&W 36).

J.B.

Quartus · May 27, 2001, 09:11 AM

Quote:

"The officer was of great determination,"

Sounds like the perp was pretty determined, too. Glad he wasn't a better shot.

"...one round whiz past his head" Not fun, Mr. Churchill's comment notwithstanding.

tc556guy · May 27, 2001, 09:46 PM

Many agencies don't authorize backups. We were just authorized last year.

MellowMikey · May 27, 2001, 11:14 PM

Glad he is gonna be ok.

As far as back-up guns, I carried two, my dept didn't authorize their carry til near the end of my 20.
I carried anyway, and this article is an example why.

Mikey

SDforce · May 28, 2001, 04:41 AM

Another little known fact that wasn't published was that his duty weapon was a Smith and Wesson auto. He popped the magazine out of the weapon when it was wrestled away, thus disabling the weapon. When the suspect went to shoot him with it, it wouldn't fire. This was a big factor in him surviving.

Deadman · May 28, 2001, 05:23 AM

This guy deserves a long holiday not "administrative duty".

Coronach · May 28, 2001, 09:18 AM

...which is why I actually like my 4506-1's mag safety.

Mike

Double Naught Spy · May 28, 2001, 09:53 AM

Yeah, but while the mag safety saved the guy this time, the opposite could have been true as well, that the mag got popped out during the struggle and that the officer then could not protect himself. That is why I don't like those guns. For example, while doing a tactical reload, the gun leaves you defenseless.

bookkie · May 28, 2001, 10:54 AM

?Another little known fact that wasn't published was that his duty weapon was a Smith and Wesson auto. He popped the magazine out of the weapon when it was wrestled away, thus disabling the weapon. When the suspect went to shoot him with it, it wouldn't fire. This was a big factor in him surviving.?

Now this raises some questions for me?. Would the officer not know at that point that the weapon would not fire? If he did, how can one say that he did not use excessive force? Hope the pert then tried to rush him again, otherwise the officer may have some trouble coming.

Don?t get me wrong.. I?m on the officers side in this one?. Once the bad guy pulled a gun, all bets were off. But there is still a handle in the story for some scumbag attorney to grab onto.

Jeff Thomas · May 28, 2001, 11:30 AM

I'm glad the officer survived and the perp is dead. As to the motorist's shooting ability ... three hits in the back on a fleeing target? Sounds like a pretty good shot to me. The officer was very fortunate.

Regards from AZ

[Edited by Jeff Thomas on 05-28-2001 at 11:47 PM]

tc556guy · May 28, 2001, 11:35 AM

Admin duty is almost a given in any police shooting anymore. It can last a few days to a few months. The Dialo officers were on admin duty forever; from what I've heard, they've all been assigned to positions which will not require they carry any firearm for the foreseeable future.

Quartus · May 28, 2001, 11:47 AM

You're right, Jeff. I was thinking about the one that went past his head. A vest doesn't do much good there...

May 26, 2001, 03:15 PM	#4
Mike Irwin Staff Join Date: April 14, 2000 Location: Northern Virginia Posts: 41,642	I smell a 'violation of civil rights and excessive use of force' lawsuit coming from the victim's family. That seems to be common course these days when a shooting occurrs. Two officers I knew from my days as a newspaper reporter chased the town drunk/badboy/A-hole down an alley after he had played grabby hands with a woman out in front of a bar. As they pounded down the alley after him, he opens up with a .22 and hit and pretty badly wounded both officers, one in the hip, one in the knee and shoulder. Their vests stopped other rounds. They returned fire and turned the guy into hamburger. Miscreant's mother and sister both sober up long enough to get a scheister and file a lawsuit. After the opening phases, the attorney for the officers, police dept., town, and mayor (all named in the suit) asked that the case be dismissed as meritless, which is pretty standard. Normally the case isn't dismissed, but this one was. __________________ "The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind" -Theodorus Gaza Baby Jesus cries when the fat redneck doesn't have military-grade firepower.

May 27, 2001, 01:30 AM	#8
Coronach Senior Member Join Date: March 25, 1999 Posts: 3,147	We have a word for officers like that: He is a "[color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color] Magnet." Wow. I hope the Big Dispatcher in the Sky sends this guy some easy runs for a while, eh? Mike

May 27, 2001, 11:14 PM	#12
MellowMikey Senior Member Join Date: November 27, 2000 Location: Arizona Territory Posts: 271	That is one lucky dude. Glad he is gonna be ok. As far as back-up guns, I carried two, my dept didn't authorize their carry til near the end of my 20. I carried anyway, and this article is an example why. Mikey

May 28, 2001, 09:18 AM	#15
Coronach Senior Member Join Date: March 25, 1999 Posts: 3,147	SDForce ...which is why I actually like my 4506-1's mag safety. Mike

May 26, 2001, 12:13 PM	#1
Oatka Senior Member Join Date: February 28, 1999 Location: Nevada Posts: 3,076	Officer Stanton leads an interesting life. ARTICLE Vest saves SDPD officer's life in traffic-stop incident By Joe Hughes, STAFF WRITER May 25, 2001 San Diego police Officer Steve Staton is lucky to be alive. Shot in the back three times, his service weapon snatched from his grasp, the 34-year-old officer was able to grab a second gun and fatally shoot a motorist he pulled over early yesterday on Interstate 805, police said. Police called it a chilling encounter. "We came very close to losing a police officer out there," said homicide Lt. Jim Duncan. Staton, on the force since July 1999, was treated at a hospital for severe bruises from the bullets that struck his protective vest. The bulletproof vest, officials said, saved Staton's life. The motorist, whose identity was not released because his family has not been notified, died at the scene. It began calmly enough. Driving his cruiser north on the freeway, Staton saw an older model Honda Prelude weaving in traffic about 12:30 a.m. Suspecting a drunken driver, he pulled the car over just south of the Mesa College offramp, letting a dispatcher know he was making the stop, police said. Thinking everything was under control, he told the dispatcher he wouldn't need help from other officers. As Staton walked up to the driver, he was pleasantly greeted: "How can I help you?," the driver said, according to a police account. Staton told the motorist why he was being pulled over. He asked for his driver's license, proof of insurance and registration papers. It was, police said, routine. Then Staton learned there was a warrant for the driver's arrest. The $5,000 warrant had been issued because the motorist was driving with a revoked or suspended license, police said. Staton told the driver about the warrant. The driver got agitated, telling Staton, "It's only a traffic warrant; we can work it out," Duncan said. As the driver got out of the car, he drew a revolver from his waist and pointed it at Staton. "He realized there was no way he had beaten the guy to the draw, and he was too far from him to grab the gun or wrestle it away," said Duncan. "So he dashed for cover over a guardrail on the east side of the roadway." As Staton ran, the man opened fire. Staton felt one round whiz past his head. Three rounds struck his back. Two more missed their mark as Staton rolled down an embankment. Staton drew his gun and was preparing to return fire when the gunman charged over the guardrail and tackled the officer, Duncan said. In the ensuing struggle, Staton lost his gun. The motorist retrieved it. "The officer was able to get up off the man, drew his concealed weapon and fired the fatal shots." Part of the dramatic confrontation was played out over a police radio, with officers on duty hearing Staton, gasping for breath, saying: "Shots fired! I've been hit!" "The officer was of great determination," said Duncan. "He obviously wanted to live through this." It was the second time in a little more than three months that Staton killed an assailant. On Feb 16, Staton fatally shot Gerald Brewer Tate, 22, an aviation boatswain's mate in the Navy. Police say Tate was pummeling another officer unconscious on Aero Drive when Staton opened fire. Earlier this year, Staton made the discovery of four people, including two young children, who had been shot and killed in a triple murder-suicide in Allied Gardens. Staton will be assigned administrative duty while the latest shooting is investigated. Yesterday's death marked the fifth time San Diego police have killed someone this year. Last year, San Diego police killed seven people. Staff writer Pauline Repard contributed to this report.

May 26, 2001, 12:24 PM	#2
Double Naught Spy Senior Member Join Date: January 8, 2001 Location: Forestburg, Montague Cnty, TX Posts: 12,794	Other than the part about the 'routine stop,' the attitude and mindset of the officer served him well. A very bad situation and he made a lot of really good choices from the options available to him, working the odds in his favor. Talk about a situation gone repeatedly bad but getting all the good breaks!

May 26, 2001, 02:18 PM	#3
El Rojo Senior Member Join Date: February 4, 2000 Location: People's Republik of Kalifornia Posts: 2,057	My understanding is after an officer is involved in situations like these, routine is never ever a situation for the officer ever again. A captain at a local department was shot like three times his first night off of training. He luckily lived and since then nothing is routine for that man anymore. His head is screwed on straight 24-7. I guess for some it takes a good close call to really wake you up.

May 26, 2001, 07:33 PM	#5
David Scott Senior Member Join Date: February 11, 2000 Posts: 2,456	As Ayoob says, the Body Armor Survivor's Club is a great group, but the initiation really sucks. I'm glad the officer is OK, and IMHO anyone who sues him over this can bite the big one.

May 26, 2001, 09:10 PM	#6
Stoner44mag Member Join Date: May 21, 2001 Location: Temperance, MI Posts: 48	It just goes to show how messed up the times we live are. That officer was being paid to protect the public from morons like this and now he will have to worry about being sued because in the course of defending himself he killed the perp. It is definitely an open and shut case of self defense,however you all know some scumbag lawyer will "help" the family of the perp just to get a fat,out of court settlement to line his own pockets with.

May 26, 2001, 10:19 PM	#7
handgun357 Senior Member Join Date: January 11, 2001 Location: Northern Indiana Posts: 293	Thank GOD for the back-up piece.

May 27, 2001, 01:38 AM	#9
Jay Baker Senior Member Join Date: March 26, 2000 Location: S.W. Idaho Posts: 1,294	Glad the cop's gonna make it. Any police officer who does not carry a backup gun, is a very foolish cop. I know two coppers in L.A., who saved their lives because they had backup revolvers (S&W 36). J.B.

May 27, 2001, 09:46 PM	#11
tc556guy Senior Member Join Date: February 13, 2000 Location: Upstate NY Posts: 763	Many agencies don't authorize backups. We were just authorized last year.

May 28, 2001, 04:41 AM	#13
SDforce Senior Member Join Date: August 29, 2000 Location: San Diego, CA Posts: 111	Another little known fact that wasn't published was that his duty weapon was a Smith and Wesson auto. He popped the magazine out of the weapon when it was wrestled away, thus disabling the weapon. When the suspect went to shoot him with it, it wouldn't fire. This was a big factor in him surviving.

May 28, 2001, 05:23 AM	#14
Deadman Senior Member Join Date: December 2, 2000 Location: Sydney Posts: 538	This guy deserves a long holiday not "administrative duty".

May 28, 2001, 09:53 AM	#16
Double Naught Spy Senior Member Join Date: January 8, 2001 Location: Forestburg, Montague Cnty, TX Posts: 12,794	Yeah, but while the mag safety saved the guy this time, the opposite could have been true as well, that the mag got popped out during the struggle and that the officer then could not protect himself. That is why I don't like those guns. For example, while doing a tactical reload, the gun leaves you defenseless.

May 28, 2001, 10:54 AM	#17
bookkie Senior Member Join Date: March 5, 1999 Location: Arbuckle, CA, usa Posts: 1,269	?Another little known fact that wasn't published was that his duty weapon was a Smith and Wesson auto. He popped the magazine out of the weapon when it was wrestled away, thus disabling the weapon. When the suspect went to shoot him with it, it wouldn't fire. This was a big factor in him surviving.? Now this raises some questions for me?. Would the officer not know at that point that the weapon would not fire? If he did, how can one say that he did not use excessive force? Hope the pert then tried to rush him again, otherwise the officer may have some trouble coming. Don?t get me wrong.. I?m on the officers side in this one?. Once the bad guy pulled a gun, all bets were off. But there is still a handle in the story for some scumbag attorney to grab onto.

May 28, 2001, 11:30 AM	#18
Jeff Thomas Senior Member Join Date: December 9, 1998 Location: Texas Posts: 4,753	I'm glad the officer survived and the perp is dead. As to the motorist's shooting ability ... three hits in the back on a fleeing target? Sounds like a pretty good shot to me. The officer was very fortunate. Regards from AZ [Edited by Jeff Thomas on 05-28-2001 at 11:47 PM]

May 28, 2001, 11:35 AM	#19
tc556guy Senior Member Join Date: February 13, 2000 Location: Upstate NY Posts: 763	Admin duty is almost a given in any police shooting anymore. It can last a few days to a few months. The Dialo officers were on admin duty forever; from what I've heard, they've all been assigned to positions which will not require they carry any firearm for the foreseeable future.

May 28, 2001, 11:47 AM	#20
Quartus Senior Member Join Date: May 8, 2001 Location: Virginia Posts: 3,823	You're right, Jeff. I was thinking about the one that went past his head. A vest doesn't do much good there...