The bottom line, as determined by the Commission, is that the initial contact, or ‘‘tactic'', on the part of one of the officers was ruled "out of policy". Therefore, the whole incident, even the shooting was "out of policy", even if there was a struggle and the suspect was resisting arrest, and as the officers claimed, was going for one of their guns. Madison said recent state law requires that kind of analysis, a case called "Hayes vs. San Diego. (http://law.justia.com/cases/california/supreme-court/2013/s193997.html ) ‘'No longer are we stopped from looking at what led up to the contact and shooting. Now. we have to look at what led up to contact and shooting and that may change the outcome.‘' In fact it did because the officer, when trying to stop Ford for what they term a "consensual stop" said ‘"Hey, let me talk to you" rather than "would you please stop so I can talk to you?"
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That in the mind of Madison and her fellow commissioners was bad tactics and "out of policy", starting the whole chain of events that resulted in the shooting. Last year, the same facts may have led to an ‘'in policy" decision by this all-volunteer body appointed by the Mayor. This time, the decision was the opposite of the determination made by both LAPD Chief Charlie Beck and the independent office of the Inspector General that both officers were "in policy". So, the law the commissioners say they were bound by presumably applies to everyone and everyone should use it in their own reviews, but even if they did apply "Hayes " it's clear that different interpretations can result from each incident.
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