Independent auditor releases latest findings for three Fresno police shootings

Three shootings by Fresno police officers, including one involving the fatal shooting of a former Fresno police captain, were found to be justified or within department policy in a report covering the second quarter of 2019.

The report, by the city’s Office of Independent Review, was released Wednesday by John A. Gliatta, the city’s independent reviewer.

The most high-profile of the three incidents involved the shooting of former Captain Marty West on Nov. 12, 2018, by officers sent to West’s Woodward Park home in response to a call from West’s wife, who reported that he had attempted to kill himself.

The reports states that upon arriving, an officer who had worked with West called out to him through a security screen door but received no response. According to the report, the officer saw West lying in the entry way covered in blood and opened the door and and said it was “OK,” but West reportedly jumped up and ran towards the nearest officer holding a long serrated knife in his right hand. The officers repeatedly said, “no,” while the nearest officer backed up and tried to use a Taser electronic stun device to subdue West. The Taser was ineffective on two attempts and the officer backed up as West reportedly continued to advance. When the officer fell backwards, a second officer fired three rounds from his firearm, striking West twice. West died at the scene.

Gliatta ruled that the shooting was justified as the officer who fired did so because he feared for the life of the officer who had fallen.

The fatal shooting of a man on July 20, 2018, who was armed with an air rifle, was within department policy because the rifle was a lethal weapon, Gliatta determined in a second shooting. The incident happened at Fresno motel where officers were sent to check reports that the suspect, identified as Reuben Maya, 37, was threatening guests with the rifle, a Swarm Maxxim .177 caliber pellet rifle.

Maya reportedly fired the weapon at officers and motel rooms during a standoff of several hours. He was shot by an officer who fired one round as Maya stepped through a motel room window with the gun in his hand. Maya died at the scene.

In ruling that the air rifle was a deadly weapon, Gliatta cited a warning from the manufacturer that noted the rifle could be deadly within 500 yards and could also be mistaken for a firearm by police.

The third shooting involved the wounding of armed man who was making suicidal threats on Oct. 18, 2018, near North Maple and East Teague avenues in northeast Fresno.

The man was identified as Patrick William Brown, 38. When police arrived, they were told that Brown was in a home with his mother, and the mother later told officers that Brown had kicked down her bedroom door. Brown was shot by an officer when he came out of the house, dropped a handgun, and picked it up again.

Gliatta ruled the shooting was also within department policy, but noted that it would have been better if communications between the suspect’s mother and an officer during the standoff had been recorded.

This story was originally published July 31, 2019 at 2:34 PM.