Fullerton PD Critical Incident Community Briefing: Evidence of Criminal Culpability

YouTube Video

"Help me, I can't breathe… I can't breathe… I can't breathe. Help me please."

In compliance with Assembly Bill 748, the Fullerton Police Department (PD) must provide a video related to this critical incident to be made promptly available and accessible to the public for inspection. Fullerton PD Critical Incident Community Briefing 19-40536 was released July 12th, a week after the incident occurred on July 5th, 2019. Meanwhile, the family was without answers and involvement, learning information about their daughter who was shot by a police officer, from the media and Twitter (Levin, Sam).

The video starts with Officers Bob Dunn and Jon Radus establishing the context of the case:

Body Worn Cameras (BWC), considered documentary evidence, shows video footage from the body of the officer who was transporting his K-9 officer to the veterinarian after sustaining an injury from a previous call, on the 91 freeway eastbound. The officer noticed an SUV speeding around or at least 100 mph and followed procedure to the T: assessed the behavior of the driver, followed the driver behind within the same lane, obtained the license plate number, and attempted to pull over the driver. The officer and the female driver of the speeding, rented SUV colliding on the freeway. The officer opens the car door, steps out, takes out his gun and points his gun towards the vehicle. The officer notices the front seats of the vehicle were empty, correctly assuming the driver exited the vehicle. The officer puts down his gun and approaches around the back corner of the car. He sees the female driver in a shooting stance, with both arms extended in front of her and with a gun clasped in her hands, at 8:08-9:02 and with still images captured from the BWC footage.

The officer is shown to request emergency medical assistance immediately, informing dispatch "suspect down on the freeway, I need medics please." Attention back to the suspect and noticing the LAPD's arrival, the officer orders female driver, "don't fucking move. Put your hands out to your side… hey stay back, get back, get back.. Roll over on your stomach, roll over on your stomach, do it now! Put out your hands to your side. I will clear this car, hold her…"

As the female driver pleads for her life, the officer immediately tended to the female driver's injuries with the use of a tourniquet and chest seal.

The BWC video ends with evidence of the 417 gun being a replica, confirmed by the other officer who made the statement to the involved officer. Officer Jon Radus confirmed the female driver passed away in the hospital and the father of Minor Doe expressed concern she may harm herself after taking out the rental car, admitting his daughter is on antidepressant medication, specifically Prozak and Abilify, for mental health issues, including depression. She is confirmed by her father to be 17 years old, 5 feet 6 inches in height, white ethnicity and 180 to 190 pounds in weight. 

Officer Radus says that there were three separate investigations done in the preliminary stages by the OC DA's office investigation, investigation of criminal culpability by the City of Anaheim, and an internal Administrative Investigation for Quality Control of officer's actions were within law and department policy.

OCDA Report

In the report findings of the Orange County District Attorney (OCDA), the OCDA admits the tragedy of the situation: the death of a minor with mental illness, as well as the narrow and limited expression of the scope of their investigation: the criminal culpability of the conduct of a police officer. 

Dated June 22nd, 2020 and released publicly June 23rd, 2020, the report concludes the actions of police officer, Scott Flynn, was reasonable, justified and necessary in the shooting of Hannah Williams (City News Police). It confirms the incident video released by the FPD and delves into the methodology and examinations of the Orange County District Attorney's Special Assignment Unit (OCDASAU). It provided information that filled in the gaps of the case, but only opened up more questions as well, especially for the tragedy resulting in the death of a minor.

The report delves into the methodology and actions of the Orange County District Attorney's Special Assignment Unit (OCDASAU) who are responsible for investigating officer-involved shootings within Orange County when someone has been injured as a result of police gunfire, such as this one. There are eight investigators who respond to the shooting incident within one hour of being called to conduct witness interviews, neighborhood canvas, crime scene processing and evidence collection, vehicle processing and hospital investigative responsibilities as needed. They also audio records all interviews and all physical evidence processed, with due process in mind. There are checks and balances in the form of legal review by the Deputy DAs from the Homicide, TARGET/Gangs, and Special Prosecution Units to review the appropriateness of criminal charges. The assigned prosecutor consults with  the Senior DA who supervises Operations IV Division of the OCDA, and the reviewing prosecutor has the power to send the case back to the OCDA for further investigation if evidence is insufficient. 

They employ the appropriate procedures, examine the description of relevant evidence collected, interview witnesses, determine and present factual findings and legal principles of the law.

The OCDA report discloses the audio and video evidence available on the OCDA website. 

The OCDA report discloses the background information of the female driver, called Minor Doe. Her background information is received from statements made by the father and stepmother, collected at 11:43PM, the AFD officers Addington and Genovese responded to Minor Doe's home about the missing call made by the father. They confirmed Minor Doe's mental health history of three missing juvenile reports, two welfare and mental health commitments. 

One case on August 20th, 2018 where Minor Doe is seen wielding a knife on the street, admitting she had run away and planned to "kill someone." On August 28th, 2018, Minor Doe made criminal threats to torture and then kill her family, specifically her mom and step-brother. On April 29th, 2019, Minor Doe ran away from a mental health institute, resisted the police officer and attempted to wrestle the gun from the possession of the officer. 

The OCDA report includes evidence that provides further context provided in the video that was released July 12th, 2019:

The relevant evidence collected include the items collected from the crime scene investigation. This included the three fired cartridge casings and one unfired and unejected cartridge, Minor Doe's clothes and Casio watch, and a BB gun: a Daisy Powerline Model 340: 0.177 caliber black BB pistol. 

Further real evidence is from the autopsy of Minor Doe which found the cause of death to be the gunshot wound on her chest, around her right breast. The real evidence analyzed included that of the firearms, the vehicle and toxicology of the blood of Minor Doe. The firearms investigation demonstrates the glock of the officer was able to be fired without malfunction. The vehicle investigation shows the car that Minor Doe was driving had damage to the front corner panel and right back wheel, matching the damage to the officer's police SUV when they collided. The toxicology examination shows the reports of Doctor Etoi Davenport. He determines the cause of death is exsanguination due to a gunshot wound through Minor Doe's right breast. The toxicology report shows drugs of Aripiprazole, Caffeine, Etomidate, Fluoxetine, Naproxen, and Norfluoxetine. 

The OCDA report delves into the definition and standard use of force in officer-involved shooting cases, including referencing Penal Code Section 187, 192, 245, and 149. These are the charges that the Prosecution must prove beyond a reasonable doubt that Officer Scott Flynn violated through his actions. The DA used the USSC's analysis and conclusions in Graham v Connor (1989) 490 U.S. 386, adding to the reasonable standard of the use of force by the police to also include: the "allowance" for police to make split-second judgements, in circumstances deemed "tense, uncertain, and rapidly evolving" that determine the amount of force necessary. This is applicable to this situation, where these events occurred rapidly and tensely, acknowledging the circumstances involved around the officer. 

In Officer Scott Flynn's voluntary statements to the investigators, he describes his mindset and reasoning for his actions. He believed Minor Doe was posing imminent threat or bodily injury to himself or others. He describes determining the mental state of Minor Doe, from her "erratic" driving conduct, as she traveled in excess of 100 mph, with no signs of braking or slowing down after passing his car, a police car, and the officer determined the vehicle was unsafely speeding. After entering the carpool lane to follow the SUV vehicle, the SUV reacted by accelerating the speed and swerving from the fast lane to the carpool lane, leading the officer to determine the driver may be intoxicated. The officer was able to get a reading of the license plate to return it being a rented vehicle. Consistent with his training, Officer Flynn determined the car to be a stolen vehicle, commonly used in transporting without detection of identification after a crime. The officer also determined Minor Doe had intent to hurt or harm when he stated seeing anger and felt fear for his life, believing the female driver was trying to take out his vehicle and was trying to hurt both himself and his police K-9. 

Overall, their conclusion and factual summary was consistent with the officer's BWC footage released a week after the incident occurred, and found the probative actions of officer Scott Flynn objectively reasonable, necessary, and justified under the circumstances when Minor Doe was shot by him on July 5th, 2019. 

The report includes the information of what occurred after Hannah was shot. Hannah was able to offer information of her name, her parents' names, their phone numbers to FPD Officer Luis Ramirez. Hannah was not alone since, with medical efforts offered by Fullerton PD, Anaheim Fire Department Engine 8, AFD Paramedics, then to Orange County Global Medical Center. She went into cardiac arrest after just arriving at OCGMC and the trauma team took over her care. She went into surgery where her critical injuries were determined to be shots from her liver and her heart. Hannah was pronounced dead by the surgeon at 8:10PM.

Personal Opinion

I believe tragedy and unfortunate situations, where even when the actions of the police officer are followed to the book to the tee, within criminal culpability, should be minimized. I argue this is a situation that brings up multiple discussions, regardless of conclusions made about the case. 

Hannah Williams, aka Minor Doe, suspect and female driver, can be determined to have been in these scenarios:

 – She does not have her driver's license yet, as stated by the stepmother when the AFD officers retrieved statements after responding to the father's call the same night of the incident. So, she may have been nervous to encounter law enforcement while driving without a license. This complicated situation may have caused her "erratic" driving conduct that is emblematic of nervousness, rather than intoxication. 

 – This may be a "suicide by cop" attempt which can be determined by her stance of shooting a police officer with a BB gun, a replica gun, and her history of encounters with police officers who has recorded her reacting to her mental health issues. To determine an incident as a Suicide by cop case is to perform a psychological autopsy (PA), but it is not a law enforcement or medical assessment tool and should not be confused with, nor construed as such. PA involves identifying risk factors and acute stressors, such as recent previous suicide attempts/threats, marital stress, a significant drug addiction. Hannah Linn Williams has a history of five total events involving her encounters with the police and her mental health. 

 – She seemed like a family-oriented person who was welcoming her family from Houston and had made them pancakes that morning of July 5th, 2019. She was in a happy mood and engaged jokingly with her family, planning to take a trip to Hollywood that evening to take in the tourist attraction. Traveling eastbound short of two miles from her home, she may have been speeding to join her family on the trip to Hollywood that evening.

 – Attorney Lee Meritt says "the teen may have been an inexperienced driver and may never have been on the freeway before" (Chan, Stella, and Holly Yan). She has yet to take her driver's license and planned to do so with her next paycheck as a lifeguard at Knott's Berry Farm (Levin, Sam). It is not clear of many things: why Hannah was heading the opposite way of her original destination that evening and why she had an unmarked BB gun, with no history with weapons, said by the family throw Attorney Lee Merritt, nor with drugs or alcohol. 

Furthermore, the incident continues to inflict further trauma onto the communities and family of Hannah Linn Williams as the investigation occurred. The family comments on the lack of care, involvement, and answers by the investigators and attorneys. They could only demand reprimanding of the officer after finding he was still receiving payment while on administrative leave (Levin, Sam). They also demanded a separate investigation that focuses on the "civil rights inquiry" (Wigglesworth, Alex). If there is no care offered, there is fairness demanded. 

All these situations raise the role of law enforcement that I believe will always be critical to the "system level response" reform in regards to any groups of people, especially those who are in marginalized communities, such as the LGBTQ+, racial and ethnic minorities, religious minorities, and those in assistance with mental health issues. 

Her mother asked Hannah on Mother's Day what she had prayed for at the church, to which Hannah answered, "I asked for a boyfriend, or a girlfriend. Either!’" Considering the intersection between injustice, mental ill health and the police, and the diverse people who suffer from it. To her friends, her family and her peers, Hannah Linn Williams and her death represents a wound and lost ripples in the rivers of their communities. 

I believe there can be actions taken towards increasing accountability and decrease in the criminalization of the mentally ill and increase in confidence with support offered for people in mental health issue communities.

Police officers are often the first responders to mental health-related incidents such as this one mentioned: they become a common gateway to care. This raises concerns of the standard of police requirements when handling mental health needs of individuals in crisis. Hannah Linn Willams is an example of those individuals that come into contact with the police often and thus, she may need to receive more care with involvements with the police.

While it is not the role of the police to handle those who are mentally ill, in all of the situations mentioned above simulated of the reasoning behind why Hannah Linn Williams was where she was and what she was doing, resulting in an officer-involved shooting, it is important to consider the role of law enforcement with mentally ill individuals who have a high chance to encounter the law.

Reference Page

1. Chan, Stella, and Holly Yan. " A California officer fatally shot a 17-year-old girl. Days later, 

the teen’s family still doesn’t know why." CNN, 11 July 2019, https://www.cnn.com/

2019/07/10/us/california-teen-killed-by-police/index.html.

2. City News Service. "District Attorney Says There Was No Crime in Officer's Fatal Shooting of 

Teen in Fullerton." Channel 4 Los Angeles, 14 July 2020, https://www.nbclosangeles.com

/news/local/hannah-williams-fullerton-teen-shot-by-police-2019/2396146/. 

3. Levin, Sam. "'I can't bring her back': parents of girl killed by California police speak out." The 

Guardian, 11 July 2019, https://www.theguardian.com/us-news/2019/jul/11/hannah-

williams-anaheim-police-shooting-parents-speak-out.

4. Wigglesworth, Alex. "Family demands a state civil rights inquiry after girl, 17, is killed by 

Fullerton police." Los Angeles Times, 9 July 2019, https://www.latimes.com/local/

lanow/la-me-ln-hannah-williams-fullerton-police-shooting-20190709-story.html.