Ninth Circuit revives excessive force lawsuit in 2019 San Jose police shooting

Pictured at right is a body-camera image of San Jose police Officer Edward Carboni at the moment he fatally shot 33-year-old Francis Calonge on Oct. 31, 2019 on Jackson Avenue in San Jose. Authorities say Calonge attracted police attention after witnesses reported him brandishing what ended up being a replica pistol, and he was shot as he walked toward Independence High School as classes were letting out.

The 9th Circuit panel concluded that Carboni’s shooting of Calonge, who was more than 100 feet away with his back to the officer, should be evaluated by a trial jury to determine if excessive-force damages are warranted for Rosalina Calonge. Authorities contend Calonge that walking erratically through the gym’s parking lot and that officers “gave the suspect verbal commands to stop and drop the gun,” and that Calonge defied them and instead put the weapon in his waistband.

A key portion of the 9th Circuit’s opinion revolves around what it called contradicting commands that Carboni and three other police officers gave to Calonge as he walked toward them from about 20 yards away. The opinion drew on deposition testimony stating that Carboni shouted “let me see your hands” and “drop it,” while another officer ordered, “don’t reach for the gun.”

Calonge apparently responded by turning around and walking away. Three officers followed on foot while another followed in a police vehicle. They testified that Calonge kept walking, and occasionally “looked over his shoulder a few times and smiled.”

Source: Law Daily Report (lawdailyreport.net)

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