Press Release
FOR IMMEDIATE RELEASE
Date: 12/21/07

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Assistant District Attorney Christine M. Cook

Santa Rosa, Sonoma County, California

SANTA ROSA POLICE OFFICERS CLEARED IN SHOOTING OF SUSPECT

District Attorney Stephan Passalacqua announced today that the investigation into the death of Haki Thurston has been completed by his office. After reviewing all the evidence and the totality of the circumstances, the District Attorney concluded that the involved police officers acted lawfully.

On February 23, 2007, Santa Rosa Police Department police officers assisted the Oakland Police Department in the service of an arrest warrant for Mr. Thurston, who was wanted on a charge of murder. An Alameda County Judge had issued the arrest warrant for Thurston for the murder of Thurston’s cousin, Hodari Benson.

Thurston was located at the Comfort Inn on Cleveland Avenue in Santa Rosa. After surveilling the motel for a short time, Oakland Detectives contacted Santa Rosa Police Department to assist in apprehending Thurston. Santa Rosa Police Department evaluated the scene and initiated a SWAT team call out due to numerous officer safety concerns. In particular, the firearm used in the murder of Benson had not been recovered and Thurston was considered armed and dangerous.

After the officers were staged at the motel, Thurston exited his motel room and walked out into the parking lot. Officers, who were all wearing police uniforms, shouted orders for Thurston to stop. Thurston turned, hesitated, and then ran away from the officers, towards a cyclone fence. Officers continued to shout orders for Thurston to stop, lie down and show his hands as they chased him. Thurston ignored their repeated commands. Meanwhile, Thurston reached his hand underneath his jacket toward his waistband. It appeared Thurston was trying to pull something from his waistband area. When Thurston reached the fence, there was nothing between him and the officers, leaving the officers completely exposed within close proximity. Each officer believed Thurston was armed, based on information previously provided to them. They believed that he was heading for the cover of the trees to engage them in a shoot out. They believed that Thurston posed an imminent risk of great bodily harm or death. At that moment, the SWAT team officers fired numerous shots simultaneously. Thurston died of multiple gunshot wounds.

The Santa Rosa Police Department invoked the county-wide Officer-Involved Fatal Incident Protocol and the investigation was turned over to the Sonoma County Sheriff’s Department.

After reviewing the investigative reports and the statements of all witnesses, the District Attorney’s Office has concluded that the involved officers reasonably believed that they and their fellow officers were in imminent danger of being killed or seriously injured, and that they reasonably believed that the immediate use of deadly force was necessary. Under these circumstances, the officers’ response with deadly force was determined by the District Attorney to be justified under the law.