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Adam v. City of Fremont12/3/1998
ard was enclosed and the portion behind Patrick was fenced. Patrolman Lopes was stationed on the other side of the fence in case Patrick tried to leave the yard. Additional officers were stationed in front and inside of the residence.
After Patrick reacted to Gus, Officer Mazzone radioed for the negotiator, Officer Tajima-Shadle, to come to the backyard. Before Officer Tajima-Shadle reached the backyard, Officer Pipp spoke to Patrick while his shotgun was pointed in Patrick's direction.
Officer Pipp testified that he asked Patrick different questions in an effort to establish a rapport, to find out what happened, whether he was injured, and how the incident could be resolved. He asked Patrick a variety of questions, such as "Are you okay? Are you shot? Do you need help? What do you want from this? What can we do? How can we work this out?" Patrick replied with short, terse sentences, repeatedly indicating that he wanted the police to leave.
At various points during their interactions with Patrick, Sergeant Osawa and Officer Pipp directed Patrick to surrender his weapon. Patrick consistently refused to comply with this direction. Sergeant Osawa testified that if Patrick had surrendered his weapon, and nearby paramedics determined that Patrick was a danger to himself or others, he would have involuntarily committed Patrick to an in-patient psychiatric facility under section 5150 of the Welfare and Institutions Code.
Sergeant Angel and Sergeant Holm took up positions at a bedroom window overlooking the yard with their guns drawn. They could see Patrick and the gun he was holding to his chest.
At 12:07 a.m., Officer Tajima-Shadle entered the backyard and attempted to negotiate with Patrick. She called out his name. Patrick mistook her for Gina and told her to leave in an angry voice. Officer Tajima-Shadle explained that she was Sheila with the Fremont Police Department, not Gina. Patrick replied "Get her the fuck out of here" and became extremely angry and upset.
After negotiations with Officer Tajima-Shadle failed and Patrick's level of agitation increased, Sergeant Osawa testified that he directed Patrolman Lopes to leave his position and evacuate the neighbors because they were at risk of being injured in potential crossfire. Officer Tajima-Shadle moved near Officer Pipp to guide him in communicating with Patrick. She relayed background information to him about Patrick, however, she did not caution Officer Pipp to refrain from any suggestion that Patrick should be transported to Washington Hospital.
Officer Pipp resumed his attempts to communicate with Patrick. Officer Pipp testified that he made statements such as "we can work this out; ask him to throw the gun out; we don't have to go anywhere; we can sit there if the gun is thrown out; just talk, there's no rush." At one point, he suggested Patrick could be taken to Washington Hospital for assistance.
When Officer Pipp told Patrick the police were not there to hurt him, Patrick replied that he did not intend to hurt the police either. Patrick continually told the officers to leave. Officer Pipp responded they could not leave because that would not be "doing their job." Finally, Officer Pipp, Sergeant Osawa, Officer Tajima-Shadle, Officer Mazzone, and Officer Moran all testified that Patrick told the officers "I can make you leave" or "I can do something to make you leave." This statement was followed by gunfire originating from the bush area. At this point in time, a total of eight armed police officers were either in the Adams' backyard or at the window facing Patrick. Believing Patrick had fired at them, the officers fired at Patrick. These shots occurred
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