 |
LOS ANGELES SCHOOL POLICE OFFICERS’ ASSOCIATION MEMBER FOUND NOT
GUILTY BY LOS ANGELES COUNTY JURY
By
Saku E. Ethir
Lackie & Dammeier LLP
LosAngeles School Police Department School Safety Officer (SSO) Lionel
Carter was found not guilty, by a Los Angeles County jury, of violations
of Penal Code Sections 242 and 243(d). SSO’s are civilian employees of
the Police Department and provide support to police officers throughout
the School District. The charges by the Los Angeles County District
Attorney’s Office stemmed from an incident that occurred on March 28,
2003, while Carter was on duty and assigned to Gardena High School. On
that date, Carter was performing his duties, and patrolling the grounds of
the high school, when he encountered three male students/subjects in one
of the administration buildings. The male students began verbally
attacking Carter for detaining one of their sisters earlier that morning.
One of the male subjects began to poke Carter in the chest, threatening
him. Carter requested that the male subjects leave the building as they
were creating a disturbance. One of the male subjects began to leave the
building and Carter followed.
As he was exiting the
building, another of the male subjects began to tap Carter on the
shoulder. As Carter turned, the male subject poked Carter in the chest
and then in the eye. Carter’s vision was temporarily blurred and he was
momentarily disoriented. When his vision cleared, Carter observed the
same male subject approaching him. Based on the subject’s stance (hands
raised and fists clenched), Carter believed he was going to be struck
again. Fearing for his safety, and in attempt to defend himself, Carter
struck the male subject and was able to push the subject against a fence.
As Carter was attempting
to take control of the subject, one of the other male subjects attempted
to grab Carter. Carter, while still holding on to the first male subject,
in an attempt to again defend himself, swung at the second male subject.
Carter was uncertain whether or not he made contact with that subject.
The male subject alleged that he had in fact been hit. Both male subjects
filed complaints alleging that they never touched Carter, but only
defended themselves against him. Both gave inconsistent statements.
There were other individuals who witnesses portions of the incidents, but
none that witnessed the entire incident.
The Los Angeles County
District Attorney’s Office filed charges against Carter for violations of
PC §§ 242 and 243(d). Carter was represented at his criminal trial by
attorneys from Lackie and Dammeier, LLP. Following several days of trial,
and testimony of numerous witnesses, some of whom were inconsistent in
their statements and lacked credibility, the jury returned with a verdict
of “NOT GUILTY” on all charges.
Soon after the incident,
on April 1, 2003, Carter was placed on paid administrative leave by the
Los Angeles School Police Department. In April 2004, prior to the
resolution of the criminal matter, the Department served Carter with a
“Notice” advising him that it was the Department intent to terminate him
from his position with the Department. The termination stemmed from the
March 28, 2003, incident and alleged unauthorized use of force and
dereliction of duty on the part of Carter. On April 26, 2004, Carter was
represented at his Skelly hearing by Saku E. Ethir of Lackie and
Dammeier, LLP. At the Skelly hearing it appeared that the
Department/District was going to move forward with the termination. A
request was made that the Department/District, at a minimum, hold off
making a decision until the resolution of the criminal matter.
Thereafter, a decision was issued by the Skelly officer stating
that no action would be taken, against Carter, until a verdict had been
issued in the criminal matter.
Following the not guilty
verdict, the Skelly officer was advised of the outcome of the
criminal matter, and of the inconsistent statements and issues of
credibility of some of the witnesses who testified at the criminal trial
(the same witnesses in the administrative case). Carter’s attorneys
requested that the Skelly officer rescind the “Notice of Intent to
Terminate”. In September, the Skelly officer issued a decision
rescinding the “Notice of Intent to Terminate”, and the Department
returned Carter to full duty. Carter is thankful to his attorneys at
Lackie & Dammeier, the Legal Defense Fund and the Los Angeles School
Police Association, who all stood with him and supported him through this
very difficult time and process. |
