On January 11, 2021, in Edinburg, Texas, 29-year-old Jesse Daniel Davila died after an encounter with law enforcement officers with the Edinburg Police Department. The custodial death report filed by the police department indicates that Mr. Davila died of gunshot wounds to the trunk. The manner of death was homicide, which includes justifiable homicide.

A police department in Texas participated in a study about force used against police and by police. The conglomeration of law enforcement managers who collaborated on this project wanted to promote the use of consistent measures in the process of drawing conclusions. Consistent findings across six jurisdictions show that in the course of most arrests, neither the police nor suspect used any type of force. 

The study also found that in situations where some level of force is used during an arrest, usually no weapon is either used, displayed, or threatened. The most frequent weaponless tactic of force used by police is grabbing only–not, for example, kicking, wrestling, or hitting.

Weapons

A strong consensus among the study’s participating agencies is that using a weapon constitutes force. If a handgun or rifle is used, those situations involve more force than other weapons, such as batons and pepper spray (oleoresin capsicum). The definition of “use” was also an issue of debate. For example, must a firearm be discharged to be “used”? 

It is not clear whether the threatened use, possession, or display of a weapon by law enforcement officers or by suspects constitutes force.

Learn more in this series.

Suggesting that any individual or entity has been a participant in wrongdoing is never an intention on this website. With the aim of providing potential assistance to inmates now or previously held in Texas county jails, posts are added to this site.

–Guest Contributor