police didn\u2019t give her a chance<\/a> to talk to her husband before they shot him, The News & Observer reported.<\/p>\n <\/p>\n
\u201cIf he carried a knife, why wasn\u2019t he shot in the hand, why didn\u2019t they shoot his feet?\u201d Jerez said. \u201cIf he committed (a crime), he had to pay for it. That\u2019s what jail is there for. Why take his life? The father of a family?\u201d<\/p>\n
<\/p>\n
The State Bureau of Investigations is conducting a criminal investigation of the case and will report its findings to Wake County District Attorney Lorrin Freeman, who will decide whether charges are filed.<\/p>\n
<\/p>\n
Here\u2019s what we know about Turcios\u2019 death and the city\u2019s use of force policies.<\/p>\n
<\/p>\n
What we know about the shooting<\/h3>\n <\/p>\n
Turcios, a native of El Salvador, was involved in a car crash on I-440 on Jan. 11, that caused his car to flip over, according to his family and Raleigh police. Raleigh police say officers were told that the driver was intoxicated, but police have not confirmed whether that was the case.<\/p>\n
<\/p>\n
What happened next occurred over just a few minutes as five officers and first-responders gradually arrived at the scene. Turcios was holding a knife and walking away from officers and the crowd. Officers repeatedly told him to drop the knife. Family members say Turcios did not understand their commands because he had a limited understanding of English and was disoriented by the crash.<\/p>\n
<\/p>\n
Sgt. W.B. Tapscott then fired a Taser at Turcios\u2019 back, and Turcios fell to the ground. Video shows Turcios groaning and struggling to get up. Within seconds, he tries to get to his feet while officers try to restrain him.<\/p>\n
<\/p>\n
A police report said he \u201cswung the knife towards the officers, nearly making contact\u201d with one of them. <\/p>\n
Videos show Turcios jerking toward one of the officers with the knife in his hand and his arm extended. The officer falls backward, and the blade appears to narrowly pass his leg.<\/p>\n
<\/p>\n
Officer A.A. Smith fired twice at Turcios. Footage shows Turcios struggling to get up. Five seconds after the initial shots, Smith fired three more shots at Turcios. Police said Turcios was moving toward Smith, prompting the additional shots.<\/p>\n
<\/p>\n
What RPD\u2019s policies say<\/h3>\n <\/p>\n
Raleigh\u2019s policy outlines a \u201clinear use of force continuum,\u201d which demonstrates the progression of levels of force, ranging from physical presence and verbal commands to deadly force.<\/p>\n
\u201cWhen force is required, officers should use the lowest level of force that is appropriate and likely to be effective given the totality of the circumstances,\u201d the policies state.<\/p>\n
<\/p>\n
Less lethal weapons, including Tasers, come just before deadly force on the continuum.<\/p>\n
<\/p>\n
\u201cA conducted energy device shall only be used in response to active resistance, which is defined as the use of personal weapons (i.e. hands, feet, or other body parts) or other weapons in order to assault or gain a positional advantage from which an assault is or would be likely,\u201d the policies state.<\/p>\n
<\/p>\n
According to Raleigh Police Department policy, conducted energy devices should not be used under the following circumstances:<\/p>\n
<\/p>\n
\nWhen the subject is only offering passive resistance, which is defined as simple non-compliance to a lawful command. Such resistance may include physical resistance which does not pose an imminent threat of assault or indicate escalating aggression.<\/li>\n As punishment.<\/li>\n In defense of \u201cverbal\u201d threats alone.<\/li>\n Near potentially flammable, volatile, or explosive materials to include alcohol-based pepper spray.<\/li>\n On pregnant women, elderly persons, young children, or visibly frail persons unless exigent circumstances exist.<\/li>\n On handcuffed persons unless they are aggressively resisting, violent and likely to harm themselves or others.<\/li>\n When a subject is in physical control of a vehicle in motion or if the officer can determine the vehicle is in gear.<\/li>\n When a subject is operating a device that increases injury risk (bicycle, skateboard, roller blades, etc.).<\/li>\n When a subject is in a location where a fall may cause serious physical injury or death.<\/li>\n To affect an investigative stop\/detention.<\/li>\n Simply because a suspect is running away from an officer. However, a conducted energy device maybe used if a subject is escaping by means of active resistance or the officer has probable cause to believe the subject is wanted for a violent felony.<\/li>\n<\/ul>\n\u201cOfficers shall continually reassess the situation to determine whether the subject continues to pose an imminent threat of death or serious bodily injury to the officer or third parties,\u201d the policies state.<\/p>\n
<\/p>\n
Warning shots are not permitted, according to policy.<\/p>\n
<\/p>\n
\u2018Totality of circumstances\u2019 important <\/h3>\n <\/p>\n
Keith Taylor, a professor at John Jay College of Criminal Justice and former member of the New York Police Department, said \u201cthe totality of the circumstances\u201d is important in determining whether each use of force is warranted, including the deployment of a Taser and each set of gunshots.<\/p>\n
Eyewitness testimony, including the testimony of the officers, has its own limitations, Taylor added. People at the scene may report seeing different things, further underscoring the importance of body camera footage, he said.<\/p>\n
<\/p>\n
Taylor, who reviewed the footage compiled by RPD at The N&O\u2019s request, said he believed the use of force was justified, stating that Turcios did not appear to be \u201cresponding to the escalating use of force from the officers.\u201d<\/span><\/p>\n <\/p>\n
\u201cThe fact that he was walking away is secondary to the fact that he was disregarding police lawful orders to drop the weapon and not to move,\u201d he said.<\/span><\/p>\n <\/p>\n
Taylor said that officers must consider the safety of first responders, family members and bystanders when making decisions.<\/p>\n
<\/p>\n
\u201cTo let him walk off with a knife would be a dereliction of duty,\u201d he said.<\/p>\n
But before he saw the released body camera videos, Taylor said Turcios\u2019 family has \u201ca right to and they should scrutinize the actions of the police.\u201d <\/span><\/p>\n <\/p>\n
\u201cSometimes officers do make mistakes, and sometimes those mistakes lead to loss of life,\u201d Taylor said.<\/span><\/p>\n <\/p>\n\n Rosa Jerez, the wife of Daniel Turcios, a man who was shot and killed by Raleigh police in January, gives an emotional speech to a crowd gathered to support her and call for justice for her husband in downtown Raleigh, N.C. on Thursday, Feb. 10, 2022. Julia Wall jwall@newsobserver.com<\/span> <\/figcaption><\/div>\n<\/figure>\n
Dawn Blagrove, executive director of Emancipate NC, said the use of the taser \u201cwas completely unwarranted,\u201d and \u201ccompletely premature.\u201d<\/p>\n
\u201cHe doesn\u2019t have a car, there\u2019s nowhere for him to go, except to walk,\u201d she said. \u201cHow hard would it have been to just let him walk? And who is harmed?\u201d<\/p>\n
<\/p>\n
Taylor said it\u2019s very difficult to knock a knife from someone\u2019s hand, and the type of knife a person carries does not qualify the threat it represents.<\/p>\n
<\/p>\n
\u201cIt doesn\u2019t have to be a butcher\u2019s knife to kill someone,\u201d he said. \u201cA small sharp object can do a serious amount of damage \u2014 can take someone\u2019s life \u2014 if used in a deadly way.\u201d<\/p>\n
<\/p>\n
Blagrove does not believe the gunshots were justified.<\/p>\n
<\/p>\n
\u201cI don\u2019t see a man that is trying to attack law enforcement,\u201d she added. \u201cI see a man trying to get his bearings after being tased.\u201d<\/p>\n
Taylor said there\u2019s no guarantee that initial shots are sufficient to stop someone intending harm.<\/p>\n
<\/p>\n
\u201cAt the end of the day, if an officer is threatened with serious bodily harm, it\u2019s hard to argue that a serious use of force is not justified,\u201d he said.<\/span><\/p>\n <\/p>\n
Public \u2018should scrutinize the actions of police.\u2019<\/span><\/h3>\n <\/p>\n
Prior to the release of the body camera footage, Taylor told the N&O that the public should ask questions when force is used.<\/p>\n
\u201cExcessive force is a concern,\u201d he said. \u201cIt\u2019s important for people to scrutinize, for the general public to have a role in this process and not simply accept any explanation. You question those explanations.\u201d<\/p>\n
<\/p>\n
Blagrove said the use of force policies needed to be \u201cdismantled and rebuilt\u201d with input from community members \u201cwho have been directly impacted by police violence.\u201d<\/p>\n
<\/p>\n
\u201cThe police are incapable of policing themselves,\u201d she said, adding she believes \u201cthe policies are written and designed to protect and insulate law enforcement officers from accountability.\u201d<\/span><\/p>\n <\/p>\n
She said she hopes to see charges in the Turcios case.<\/p>\n
\u201cIt should be left up to a jury to determine whether or not this man murdered Daniel and took him away from his children,\u201d she said. \u201cHis family deserves that.\u201d<\/span><\/p>\n <\/p>\n
![\"021022_TurciosMarch_JMW_05.jpg\"](\"https:\/\/www.newsobserver.com\/latest-news\/vysln6\/picture258275478\/alternates\/FREE_1140\/021022_TurciosMarch_JMW_05.jpg\" "\\"021022_TurciosMarch_JMW_05.jpg\\"")
<\/source><\/source><\/source><\/source><\/source><\/picture>