Los Angeles Police Department Chief Charlie Beck ruled that the lethal use of force was “out of policy” nearly a year after a Wilshire Division officer shot and killed a male suspect on Sycamore Avenue.

Police closed Sycamore Avenue for hours on July 9, 2015 when an officer-involved shooting occurred. (photo by Edwin Folven)

The incident that led to the officer-involved shooting occurred at approximately 8:40 a.m. on July 9, 2015. According to Beck’s report, Officer Stephan Shuff and an unidentified probationary officer responded to a call about a suspect breaking windows with a skateboard near the corner of Wilshire Boulevard and La Brea Avenue. They saw a vacant business with a broken window near the southeast corner, and observed a man with a skateboard a short distance away swinging it at windows. The suspect was later identified as Neil Peter White, 38, who authorities said was a transient.

According to the report, the officers stopped at the southwest corner of Wilshire Boulevard and Sycamore Avenue – ahead of White. The probationary officer exited the marked patrol car and, because White had placed his hands in a large bag slung across his chest, the officer drew a service pistol and ordered White to lay on the ground.

The suspect did not comply and started riding his skateboard south on Sycamore Avenue, and the officers followed him in their patrol car. The officers also called for back-up as they followed White toward Sycamore Avenue and Eighth Street.

The report stated that, along the way, the officers noticed White’s skateboard periodically struck bumps in the sidewalk, causing him to fall off. Thinking that the skateboard could be used as a weapon, Shuff told the other officer to get out of the car and attempt to take the skateboard away when White fell off near 855 S. Sycamore Ave.

As the officer tried to reach the skateboard, White also ran toward it. The report indicated that Shuff drew his service pistol and ordered White to stop. When White did not comply, the officer tackled White, and a struggle ensued. Both officers then unsuccessfully attempted to restrain White.

As White resisted, one of the officers used a Taser in an attempt to subdue him. Because the names in the report are redacted, it is not clear exactly which officer drew and used the Taser, but it was effective enough that the officers thought they could place the suspect in handcuffs. The officer who used the Taser was unable to place it back in a holster, so the Taser was placed on a step where it was believed to be out of White’s reach. The suspect grabbed the Taser, however, and began using it to shock the probationary officer.

The LAPD investigation determined that the officer was shocked at least twice by the Taser. According to the report, Shuff said he heard his partner “screaming” and saw the officer “shaking profusely.” Shuff reportedly thought the Taser was causing “serious bodily injury” to the officer and was concerned the suspect would try to grab the officer’s gun. After drawing his service pistol and ordering White to “drop it,” Shuff fired once, striking White and rendering him incapacitated. Other LAPD officers and paramedics arrived. White was treated at the scene and taken to Cedars-Sinai Medical Center, where he was later pronounced dead at 5:50 p.m.

Los Angeles County Coroner’s Office spokesman Ed Winter said White’s autopsy determined he died from injuries caused by the single gunshot wound. Winter added that toxicology reports determined White had methamphetamine in his system and was likely under the influence of the drug when the incident occurred. White also had traces of amphetamines and marijuana in his system.

LAPD supervisors who arrived at the scene of the officer-involved shooting immediately took Shuff and the other officer out of the field and an investigation began. Police said at the time that the probationary officer suffered a burn to the leg from the Taser and Shuff was also injured during the struggle, but the extent of his injuries were not specified.

The officer-involved shooting was reviewed by the LAPD’s Force Investigation Division and a Use of Force Review Board was convened in April. The results of the investigation and the board’s recommendation were forwarded to Beck. The police chief issued rulings on five aspects of the officers’ conduct that were considered: tactics, drawing/exhibiting [of service weapons], non-lethal use of force, less-lethal use of force and lethal use of force.

Beck found that the officer’s tactics “substantially and unjustifiably deviated from approved department tactical training,” which warranted a ruling of administrative disapproval, according to the report. Beck found that the officers were within department policy in drawing their service weapons and using non-lethal and less-lethal use of force. However, the lethal use of force was deemed to be out of policy and warranted administrative disapproval.

In response to the ruling on tactics, the officers were sent for retraining, which has already occurred. With the shooting, the Use of Force Board was not unanimous in its decision. Three members ruled the lethal use of force was justified, while two ruled that is was out of policy, according to the report. Beck sided with the minority opinion, and ruled that officers with similar training and experience faced with a similar circumstance would not have believed White’s actions “presented an imminent threat of death or serious bodily injury.”

Beck’s decision was unanimously supported by the Los Angeles Police Commission. The chief determined that corrective action is necessary for Shuff, but exactly what that action will be has yet to be determined. The incident will be reviewed by the LAPD’s Internal Affairs Group and forwarded to other command staff before a final decision is made, said Lt. Larry Barr, with the LAPD’s Use of Force Review Division. Possible outcomes range from retraining or reprimand to termination. Barr said the the issue is now a personnel matter and there is no timeline for making a final decision.

Barr said it remains to be determined what will happen to Shuff as a result of the ruling. The officer transferred out of the Wilshire Division shortly after the incident as part of an unrelated personnel change. Officer Rosario Herrera, with the LAPD’s Media Relations Section said Shuff is a nine-year LAPD veteran and remains with the department. He is currently assigned to “field duties,” but the specific geographic area where he works was not released. No further information was released about the probationary officer, who was with the department for a year and four months when the incident occurred.