Darion Baker, From Memphis, Shot to Death by Stratford Police Officer

Police officers in Texas cannot use excessive force with people with whom they come in contact. “Excessive force” is analyzed under the determination whether force used by a police officer was objectively reasonable under all the facts and circumstances surrounding the use of force. Many police misconduct cases are brought pursuant to this concept.

We make no allegation in this post as to any wrongdoing, but instead are providing general information about excessive force cases. We also provide information regarding the death of Darion Devon Baker, who was 23 years of age at the time, on February 21, 2018. Information we provide regarding that incident is not intended to allege that excessive force was used, or that anyone acted inappropriately. Instead, information regarding that incident in this post was obtained from a custodial death report filed by the Stratford Police Department with the Attorney General of Texas.

Stratford Police Department officers attempted to arrest Mr. Baker for operating a stolen vehicle. Mr. Baker failed to follow oral commands to exit the vehicle. Instead, he attempted to flee the scene, allegedly almost hitting one of the police officers. That officer, who apparently alleges that he was fearing for his safety, the safety of his partner, and the safety of citizens in the parking lot, fired at and killed Mr. Baker.

The Fifth Circuit Court of Appeals in New Orleans, which governs Texas, Louisiana, and Mississippi, filed an opinion on November 22, 2017 about another case in which police shot and killed a man operating a car. In that case, according to the opinion, Jeremy Vann was shot and killed by police in a retail parking lot in Mississippi. Police allege that Mr. Vann reversed his car, trying to escape unmarked civilian cars driven by undercover police officers. Mr. Vann allegedly then moved the car forward toward a police officer, who shot Mr. Vann before being knocked to the ground by the car.

The parties in that case agree that Mr. Vann maneuvered his car attempting to escape. However, they disagreed as to the sequence and intent behind certain events related to Mr. Vann’s arrival at the parking lot and the moment the police officer shot Mr. Vann. The Plaintiff alleged that the disputed central fact was whether the police officer ran to the opening between Mr. Vann’s vehicle and his escape route and shot Mr. Vann to prevent him from fleeing or whether, instead, the officer was hit as he ran out of the way of Mr. Vann’s car.

The Fifth Circuit Court of Appeals wrote, “It has long been settled that where a fleeing suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so.” Further, “Put simply, a police officer may not seize an unarmed, non-dangerous suspect by shooting him dead.”

The Firth Circuit Court of Appeals analyzed evidence in that case and affirmed that the district court’s grant of summary judgment for the city and certain officers, but not for the shooting officer. Therefore, claims against the shooting officer would apparently proceed to a jury. This does not mean that Mr. Vann’s family will ultimately prevail in the case, but instead that they will at least be able to have their claims against the shooting police officer heard by a jury.

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