On the heels of a $3.2 million judgment against LAPD for tasing and shooting Valerie Allen, a bipolar woman who attacked officers with a sharpened construction stake, the media did not report on a similar case where the Crimes against Peace Officers Section of the DA’s office successfully obtained a guilty verdict.

Officers are called upon to assist with mental illness daily; the vast majority of which are resolved without incident. Unfortunately, that is not always the case and sometimes split second decisions must be made.

In 2009, two LAPD officers, a training officer and a probationary police officer only a short time out of the academy, could have been killed. The officers were called to a house to by the Department of Mental Health (DMH) to assist with a psychiatric hold.

When the officers arrived, the defendant, who was quite agitated and repeatedly threatened to attack the officers if they did not leave, confronted them. Since the DMH had placed the defendant on a hold for danger to self and others, the officers could not simply leave, but called for additional officers. With DMH workers witnessing the events, the officers repeatedly attempted to calm the situation and assist DMH with their hold. Before additional officers could arrive, the defendant aggressively advanced toward the officers, and the probationer fired the Taser at the defendant. The defendant pulled the Taser wires from the prongs in his chest and threw them back at the officers, threatening to “bash the officer’s face in.” The defendant then fled to a bedroom where his mother had taken refuge.

Fearing that harm could come to the defendant’s mom, the officers gave chase. Once in the room the defendant attacked the officers, striking both of them. During the fight, he began to choke one of the officers, and the partner attempted to use a carotid restraint to subdue the defendant. As the carotid restrain was applied, the young officer was able to partially pull the larger and stronger defendant from his partner, but the defendant reached back and pulled the officer’s weapon from his holster.

The probationary officer deflected the gun, which was now pointed in the direction of his partner when the defendant fired the pistol. The probationary officer regained his pistol, cleared a malfunction and then shot the defendant twice. The officer who was choked also was able to have enough room to shoot the defendant. The defendant was rushed to the hospital by paramedics and treated for three gunshot wounds.

On October 5, 2012, a jury convicted Dwayne West of multiple crimes, including assault with a semi-automatic firearm on a police officer, assault with force likely to produce great bodily injury on a police officer, resisting an officer by force and resisting an officer and removing the officer’s firearm. Despite having mental illness, the jury rejected claims that the mental illness justified the defendant’s criminal conduct. The jury was unable to reach a unanimous verdict as to one count of attempted murder of a police officer, and hung 11 to 1, the majority in favor of guilt.

The case was prosecuted by Deputy District Attorney Frank Tavelman from the Los Angeles District Attorney’s Office’s Crimes Against Peace Officers Section (CAPOS). CAPOS is a special unit within the DA’s office that is responsible for prosecuting the murder, attempted murder, and serious violent assaults against police officers. The defendant is scheduled to be sentenced on Nov. 19, 2012. The DA still has to determine if they will seek a new trial on the attempted murder count.

We are not surprised that the media did not cover this story but rather focused on sensational cases like Valerie Allen’s. In the Allen case, we applaud Chief Beck for telling reporters, “She attacked them (the LAPD officers) with a sharpened construction stake. I don’t expect my officers to be hurt or killed by someone before they act. I stand by the actions of our officers completely.”

We are sure that this is not the last we will hear of this case. The defense attorney for Mr. West, Leo Terrell, also represents this newly convicted felon in a civil rights lawsuit against the LAPD related to the same incident.

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