In the aftermath of several controversial police shootings in California, activists and victims’ families have hoped their anguish would lead to action. But a proposed bill on deadly force facing its first public hearing next week may come up short.
after they mistook his cellphone for a weapon — sparking the legislation.
The undercurrent of acknowledgment about the bill’s limitations exposes uncomfortable truths as California tries to push law enforcement into a new way of doing business: Preventing police shootings is difficult to legislate, and a circumscribed standard for when lethal force can be used is neither an easy legal fix nor practical without broader shifts in policing to back it.
Hayes had been staying with an ex-girlfriend, Geri Neill, in 2006 when he tried to kill himself. Neill said in a recent interview that Hayes had previously been placed in a psychiatric hold by police and that on the night he died, he threatened to kill himself by breathing car exhaust, drowning himself in a pool or hanging himself.
But because AB 392 introduces the notion of criminal negligence with no definition, it will probably leave a determination of what that means to the courts. Law enforcement is especially critical of this aspect of the bill, arguing that it allows laypeople to second-guess police.
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