Officer Adam Afrunti

[Justice]

Suit filed in police killing
Family faults SB's training of its officers
Stacia Glenn, Staff Writer
Article Launched: 04/25/2008 11:20:48 PM PDT


SAN BERNARDINO - A lawsuit filed Friday claims the city has not properly trained or supervised police officers in the use of deadly force.
The case was filed in Superior Court on behalf of Jerriel Da'Shawn Allen, a 19-year-old man who was shot and killed by police at the end of a vehicle chase April 14, 2007.

The wrongful-death suit accuses the city and police Officers Adam Affrunti and Chris Gray - who both fired the shots at Allen - of battery, false arrest and general negligence.

"If the Police Department is responsible for training and supervising (the officers), and they're shooting people that many times who are unarmed and they're doing it on repeated occasions, one has to wonder if the training and supervising is adequate," said Dale Galipo, the attorney who represents Allen's parents, fiancee and two toddlers.

City Attorney James F. Penman said officers "are very well trained."

"The department thoroughly investigated this incident. ... The district attorney found officers' use of force was within the law," Police Chief Michael Billdt said. "I support my officers."

He said he could not comment any further on a pending lawsuit.

The officers must be cleared by the Counseling Team International - which provides support services to employees of state agencies - before being put back on the streets after an officer-involved shooting.

While on duty, Affrunti has shot six people, and Gray has shot two, according
to court records. Affrunti and Gray are San Bernardino Movement Against Street Hoodlums officers.
Allen was a passenger in a Chevrolet Tahoe that reportedly ran a stop sign and led police on a chase, which ended when the SUV crashed through three backyard fences on North Colorado Street.

The Chevrolet's spinning back tires churned up dust, making it difficult for Affrunti and Gray to see the three men in the SUV.

Affrunti fired 13 times after hearing someone yell "shoot 'em, shoot 'em" (probably officer Gray) and seeing Allen look right at him with his hands hidden, authorities said.

Gray fired 7 times.

Authorities say the Tahoe's driver was Shawn Watson, Allen's cousin and a murder suspect police fatally shot June 10, 2007. The third passenger was never identified.

Authorities later determined Allen was unarmed and reaching for his marijuana (not unusual).

The District Attorney's Office has ruled the shooting by police was by justified.

"A lot of bad choices were made the night of that incident, but the bad choices were all made by the people in the Tahoe, not the officers," Penman said.

"People need to understand there are consequences in running from the police. Those consequences can include being shot and dying."

Allen's fiancee, Keyondra Marshall, said the shooting was unjustified because Allen had put his hands up.

It has also traumatized her family and taken away the man she described as a doting father.

Jamora, 1, still carries her father's picture around the house and calls for daddy, her mother said.

Jerriel Allen Jr. was born after the shooting.

"Me having a black son, I feel like it can happen all over again," Marshall said. "It makes me fear for my child's life."

[Unregistered]

Some of SB cop's 'violent' past allowed in criminal trial for teen
By Stacia Glenn, Staff Writer
Posted: 01/07/2010 08:58:12 PM PST


SAN BERNARDINO - It has become a battle of backgrounds.
Attorneys on Thursday continued their struggle to keep jurors from hearing about past violent conduct by two players in a criminal trial scheduled to start next week.

The players are Terrell Markham, an 18-year-old man accused of pulling a stolen gun on a police officer, and Officer Adam Affrunti, who had shot five people before shooting Markham on Nov. 17, 2007.

Despite the prosecutor's repeated objections, San Bernardino Superior Court Judge Ronald Christianson on Thursday ruled that one of the officer's past shootings and one case of alleged excessive force is admissible at trial because of the possible similarities to the Markham shooting.

The judge is vacillating on how much of Markham's criminal history may be introduced to the jury and said he would review the files and make a decision on Monday.

Affrunti says he recognized Markham as a gang associate and was suspicious about why he was wearing a fur-lined coat in 80-degree weather.

Markham fled when he was approached, running several blocks before Affrunti found him hiding in a housing courtyard, authorities said.

Affrunti said he shot Markham several times after Markham began to pull a gun out of his back pocket.

Markham, who was blinded in the shooting, is charged with exhibiting a firearm in the presence of an officer, resisting an officer, receiving stolen property and participating in a criminal street gang.

Defense attorney Dale Galipo argued that Affrunti's prior shootings must be told to jurors to ensure Markham receives a fair trial. He has accused the officer of planting a gun on Markham.
"Officer Affrunti felt he had to come up with some justification because he felt he could be disciplined or lose his job," Galipo said. "Officer Affrunti has a history of violence and using excessive deadly force, and attempts to justify it by saying (the suspect) had a gun in his hand."

Jurors will hear about the February 2007 shooting of Edward King, who ran from Affrunti and was shot after the officer said he saw a gun in his hand.

A gun was found in King's pocket.

They will also hear about the June 2007 takeover of Turner's Outdoorsman. After a high-speed chase of the suspects after 70 guns were stolen, Affrunti said he saw Brandon Carroll get out of the vehicle and run, so he chased him. Affrunti eventually found him, pulled him down from some crates and reportedly swung him to the ground to try to restrain him.

Galipo claims Affrunti beat Carroll and compared that incident to the officer kicking Markham when he refused to get on the ground.

The judge previously ruled that Markham's criminal history could be introduced to prove his membership in a gang, but he was undecided on how much the jury will be able to know about a juvenile record that started at age 7.

"His juvenile files are voluminous," prosecutor Ron Webster told the judge. "Pages and pages."

Markham's criminal past includes hitting a teacher, shooting someone with a B.B. gun, robbery, selling marijuana and hitting a business owner with a stick while vandalizing a store, authorities said.

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