As Huntington Beach domestic violence criminal defense attorneys, we were disappointed to read that Santa Ana police have shot and killed a domestic violence suspect armed with a toy gun. The family of Elmer Alexander Perez called the police early on Dec. 16 to report a verbal altercation between Perez, who had a history of drug use, and his pregnant wife, who was not named. Perez's stepfather told police Perez had a gun that might be real or a toy, and had threatened to kill himself. But when officers saw the gun in Perez's hand, they fired, killing him in front of his toddler. No one else was hurt, and there are no allegations that Perez hurt members of his family. The extended family is upset at what they see as a police overreaction, particularly because the couple's two-year-old son witnessed the shooting.
Perez, 27, has a criminal record for drugs, theft and resisting an officer and was sentenced to 16 month in prison in 2005. His older brother described him as nonviolent but with a drug problem. At 5:45 in the morning, the family called the police to report a domestic dispute between Perez and his wife, saying Perez was acting erratically, might be on drugs and was threatening to kill himself. A spokesperson said officers could hear a woman screaming upstairs when they entered the house, plus the sounds of an argument and thumping. Perez's stepfather said he told police Perez might have a toy gun or a real one, and the spokesperson said officers heard Perez threaten to kill himself. Officers started upstairs, but stopped on the landing when Perez appeared with the gun in his hand, then shot him. The Orange County District Attorney's office was investigating, as it does with officer-involved shootings.
Our Lake Elsinore domestic violence criminal defense lawyers understand that police officers have a dangerous job involving split-second decision making. But we agree with this family that this shooting raises questions that should be carefully considered by the district attorney's office. In domestic violence cases, it's not unusual for police officers to assume that the perpetrator is the man, or that the man is violent. In this case, nothing reported suggests that Perez had actually hurt other members of his family, or was planning to hurt anyone other than himself. In fact, as the article notes, his stepfather had specifically told the police just moments before that the gun might be a toy. And from the information presented in the article, it doesn't sound like Perez was aiming at the officers or anyone else before he was shot. Under those circumstances, we're not surprised his family is upset and wants answers.
At Howard Law, P.C., we often defend domestic violence cases involving flawed assumptions by police. In domestic violence cases, law enforcement frequently has only the word of one person against another to go on, because there are no other witnesses in the home. That means some officers will rely on statistics or gender stereotypes and arrest the man, or simply arrest both spouses. Inevitably, this results in mistaken arrests and legal complications for people who are innocent of domestic violence or even victims. Our Westminster domestic violence criminal defense attorneys help people in this situation prove their innocence, using physical evidence, witness testimony when it exists and if necessary, even psychiatric experts.
If you're accused of spousal battery, domestic assault or other domestic violence crimes in California, Howard Law, P.C. can help. To set up a free, confidential evaluation of your case, send us a message online or call 1-800-872-5925.
