Case against officers in fatal shooting dismissed
Brian Walker; Staff Writer | Hagadone News Network | UPDATED 9 years, 2 months AGO
A U.S. District Court judge has ruled a trooper and deputy did not use excessive force or violate Alexander Mandarino's constitutional rights during a fatal shooting on Lookout Pass in 2013.
Idaho State Police Trooper Todd McDevitt and Shoshone County Sheriff's Office Deputy Adam Durflinger were sued by Laura Blankenship and Lamont Mandarino, representatives of Alexander Mandarino, who died from the gunshot wound.
"Even if a Constitutional violation had occurred, the court would still find the SCSO is immune from the excessive force claim as the plaintiffs have failed to bring forward any evidence of the existence of a custom or policy that led to constitutional violations," Judge Edward Lodge wrote in his decision.
On June 12, 2013, Durflinger responded to a call involving a possible accident near the top of Lookout Pass, according to court records.
Durflinger approached a damaged Toyota Scion and saw Mandarino, a 26-year-old from Whitefish, Mont., sleeping in the front passenger seat. Because there was not enough damage to the vehicle to indicate it had hit the barrier, Durflinger concluded Mandarino simply just pulled over to sleep so he cleared the scene.
Dispatch then notified Durflinger the license plates on the car returned to a different vehicle, so Durflinger returned to investigate.
During the investigation, Durflinger and McDevitt noted contradictions in response to their inquiries to Mandarino, according to court records. The law enforcement responders could also smell marijuana coming from the vehicle.
Dispatch notified McDevitt that Mandarino's license was suspended in Washington for failure to appear on unpaid tickets. The license plates on the Scion were also registered to his 1985 Mercedes.
Mandarino, according to court records, refused to comply to multiple commands to step out of the Scion.
When Mandarino opened the glove compartment to hand over the marijuana, both officers saw a semi-automatic pistol.
"Trooper McDevitt again ordered Mr. Mandarino to step out of the vehicle and stated, 'You make any attempt to go toward that pistol and it will be the last thing that you do, OK?" the court document states.
When Mandarino reached for the pistol, McDevitt yelled "No" and both men grabbed the pistol simultaneously resulting in a struggle.
During the struggle, Durflinger, with his gun drawn, commanded Mandarino multiple times to let go of the pistol.
"Trooper McDevitt then pushed the pistol away from him using one hand and unholstered his service weapon using his other hand," the document states. "Trooper McDevitt placed the muzzle of his weapon against Mr. Mandarino's chest and told him to let go of the pistol. The two continued to struggle until Trooper McDevitt fired his weapon into Mr. Mandarino's chest."
Attorney Pete Johnson, who represented McDevitt, and attorney Mike Howard, who represented the plaintiffs, both declined to comment about Lodge's decision.
Attorney Peter Erbland, who represented Durflinger and Shoshone County, said the decision recognizes the tense situations law enforcement face when they need to make split-second decisions.
"These officers acted very carefully to treat Mr. Mandarino fairly and decently," Erbland said. "It was Mr. Mandarino who reached for the gun when he was told to not do that. Mr. Mandarino escalated the confrontation to the point where the trooper needed to defend his own life."
Erbland said the case is reflective of what's been happening nationally when officers are confronted with tense situations in which people have the benefit of judging in hindsight without facing the loss of life themselves.
"The court recognized the trooper exercised his use of force in a very restrained way until he didn't have a choice," Erbland said.
Erbland said both officers regret the death.
"It's an awful situation, but one they were forced into by Mr. Mandarino's own decisions," Erbland said.
Shoshone County Prosecuting Attorney Keisha Oxendine in October 2013 determined the officers' use of deadly force was justified.
ARTICLES BY BRIAN WALKER; STAFF WRITER
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