Press Release
FOR IMMEDIATE RELEASE
Date: 05/22/2009

Contact person(s):

Media Coordinator, Terry Menshek - (707) 565-3098 Media Spokesperson, Assistant District Attorney Spencer Brady

Santa Rosa, Sonoma County, California

NO CRIMINAL LIABILITY IN SHOOTING DEATH
BY SANTA ROSA POLICE OFFICERS

District Attorney Stephan Passalacqua announced today that the investigation into the death of Jesse Nathaniel Hamilton has been completed by his office, and that there is no criminal liability on the part of the officers involved.

District Attorney Passalacqua said, “This was a tragic incident involving a person with mental health problems who had armed himself with a knife and charged an innocent citizen and police officers.  In response to the assault by Mr. Hamilton, one of the officers fired his gun in self defense and defense of others.  Based on the totality of the circumstances, all of the officers acted lawfully and no criminal charges are warranted.”

The role of the District Attorney in law enforcement employee involved fatal incidents is to review the investigation to determine if there are violations of criminal law; to provide assistance to the investigating agency regarding legal issues; to supplement and conduct independent investigation when necessary; and, when appropriate, to prosecute those persons believed to have violated the criminal law.

On January 2, 2008, at 12:51 p.m., Santa Rosa Police were dispatched to 531 A Street, a group home, on a report that Jesse Nathanial Hamilton (herein after referred to as Hamilton) was causing a disturbance and was armed with a knife.  The residence at 531 A Street was home to approximately six residents who had reportedly been diagnosed with various forms of mental illness.  Telecare staff oversees and assists mentally ill residents with everyday living at the 531 A Street home.  Telecare is a contract service paid for by the County of Sonoma.  Their services include counseling, medication distribution, and assistance with daily tasks.

Hamilton had been previously diagnosed as a Paranoid Schizophrenic at age 18.  At the time of his death he had a conservator, Michael Brewster.  Hamilton had lived in various assisted living situations as a result of his mental illness including lock-down mental health facilities, but had progressed to the point in which he could live at the home at 531 A Street and self-medicate.

Alexander Kennett was employed as a social worker with Telecare.  He had visited Hamilton that morning at around 9:30 a.m. and observed that Hamilton was extremely agitated.  Hamilton informed him that he had not taken his medication for five days.  Hamilton appeared delusional and was talking about how all the “animals needed to die.”  Mr. Kennett provided Hamilton with his medication.  He and Mariela Badum, a nurse employed by Telecare, spoke with him about how he was feeling and whether he felt he wanted to harm himself or others.  Hamilton assured Mr. Kennett and Ms. Badum that he did not feel like hurting himself or others but only that he wanted to sleep.  Ms. Badum noted that Hamilton appeared to be calming down and decided to check on him later on in the day.

Ms. Badum checked on Hamilton at around 10:45 a.m. and it appeared to her that the medications were having an effect on him as he seemed calmer.  He told her he just wanted to sleep.  Around 12:45 p.m., Mr. Kennett was at the Telecare office when he was notified that Hamilton had gotten worse and was wielding a knife.  A 911 call was made by a staff member at Telecare.  Mr. Kennett went to 531 A Street to meet the police.  Officers Yeager, Ayer, and Heiser responded to the 911 call and arrived on scene.  Hamilton was sequestered in his room and could be heard screaming.  The officer could hear him yelling words such as “slash” and “die.”  Officer Yeager spoke with Mr. Kennett who advised him that he had a rapport with Hamilton and could talk with Hamilton about coming out of his room peacefully.

All three officers were aware of the basis of the 911 call and each had a heightened state of awareness about the situation.  Mr. Kennett entered the home first, followed by Officer Yeager, then Officers Heiser and Ayer.  The route to Hamilton’s room from the front door consisted of a long, narrow hallway.  Mr. Kennett approached Hamilton’s door and knocked.  Hamilton could be heard screaming inside the room.  He rapidly opened the door and bolted out armed with a knife ready for attack.  Fearing for his life, Mr. Kennett quickly moved down the hallway past the officers and out of harm’s way.

Officer Yeager had his taser out and upon seeing Hamilton exit his room with a knife raised and the look of fear on Mr. Kennett’s face, deployed it on Hamilton.  The taser had no effect on Hamilton despite successful deployment by Officer Yeager.  Hamilton was able to continue his advance upon the officers who at this time began backing away from him fearing for their lives.  Hamilton had the knife raised above his head and was screaming at the officers.  Officer Heiser had drawn his firearm when he saw that the taser had no effect on Hamilton and that Hamilton continued to advance upon them rapidly.  This was a “close quarters-type” situation and Officer Heiser feared for his life and the lives of Officer Yeager and Officer Ayer.  Officer Heiser fired his gun four times hitting Hamilton.  Officers Yeager and Ayer were able to get a hold of Hamilton but he continued to scream and struggle against the officers.  Eventually he was handcuffed and taken to the hospital where he died from his injuries.

The District Attorney conducted an independent review of this case to determine whether there was criminal liability on the part of anyone involved.  It is not the role of the District Attorney’s Office to evaluate law enforcements’ tactical policies, rather, the District Attorney’s duty in each case of this type is to determine whether or not the officers acted lawfully in using deadly force.  A peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense may use reasonable force to make the arrest, to prevent escape, or to overcome resistance.  Further, a peace officer attempting an arrest need not retreat or desist from his efforts by reason of the resistance of the person being arrested.  Any person, including a peace officer, has a right to use reasonable force in self-defense, or in the defense of others.

At the time Officers Heiser, Ayer, and Yaeger arrived on scene, they were aware that Hamilton had mental health issues and was armed with a knife.  They attempted to contact Hamilton through Mr. Kennett who felt he had a rapport with him and could end the situation peacefully.  However, the situation escalated rapidly once Hamilton bolted out of his room armed with a knife and Mr. Kennett ran away in fear for his life.  Due to the close proximity of Hamilton to the officers and the failure of the taser to stop Hamilton, Officer Heiser reasonably believed that the officer’s lives were in danger and had to act immediately.