On Friday District Attorney Jon Hopkins released his final report on the fatal shooting of David Clinton Vestal on June 30, 2008.
The 63-year-old Vestal died from one of four shots from a .40-caliber Glock pistol fired at him by Clearlake Police Officer Michael Hansen, after allegedly brandishing a shotgun at police officers and ordering them to leave, according to the report.
Hopkins stated in his report that Hansen was justified in his actions under the circumstances, “based on the appearance that the deceased was about to shoot one of the officers who had responded to the scene.”
Lt. Mike Hermann of the Clearlake Police Department said the findings are what the agency had expected.
He said they believed that Hansen, who joined Clearlake Police in November of 2006, had followed the department's policies and procedures, acted within the scope of his duties and that his actions were consistent with his training.
But attorney Don Anderson, who represents Shavon Vestal, David Vestal's daughter, said Hopkins' report doesn't mention an independent witness who stated that David Vestal never had a shotgun, and that the police officers had been searching for one after the shooting.
Police responded to York's Mobile Home Park on Old Highway 53 at about 9:30 p.m. that night to a report of a fight, as Lake County News has reported. Vestal lived there with his daughter, her boyfriend, Sean Bremer, and the couple's 4-year-old son.
According to Hopkins' report, some of Shavon Vestal's friends had been visiting all day and everyone became intoxicated. He said neighbors called police to report that a group of four males were fighting and that a male was beating up a female. A child also was reportedly thrown out of the trailer, onto the porch.
When the first officer arrived on the scene he reportedly found a trailer filled with screaming people. Shavon Vestal came outside, appearing to have just been assaulted – with her left eye almost swollen shut and blood on her face, Hopkins reported.
While Shavon Vestal was complying with the officer's request to step off the porch, Bremer reportedly came running outside, refused to follow the officer's directions and was tasered.
Hopkins' report noted that the child came outside, followed by David Vestal, holding a .410 shotgun, which he is alleged to have pointed at officers before ordering them to leave. One of the police officers had a recorder activated, which Vestal recorded as saying, “Now, you have 40 seconds to get out of here.”
According to the report, one of the officers saw the shotgun pointed at him and went for cover. At that point, Vestal turned and pointed the shotgun at Hansen, who was holding a Taser and a flashlight in his hands. Hopkins said that Hansen dropped the Taser, pulled his handgun from his holster, yelled “Down, gun!” and fired at Vestal.
Hopkins said Vestal was hit by one bullet out of the four Hansen fired, and immediately fell to the porch. When Vestal went down, Hansen stopped firing.
Vestal died a few minutes later, said Hopkins. His blood alcohol level measured 0.17 percent.
Five district attorney's investigators responded to the scene of the shooting that night to assist with crime scene investigation and to conduct the followup investigation, which included witness interviews and attending Vestal's autopsy.
In addition to the involvement of local officials, Hopkins said state Department of Justice officials from the Bureau of Investigations and the Bureau of Forensic Services also assisted in investigating the crime scene. The Bureau of Forensic Services also conducted forensic testing.
Based on the findings, Hopkins concluded that Hansen had a reasonable belief that deadly force was necessary to prevent Vestal from killing or seriously injuring the officers or the others present with the shotgun.
“This would constitute a complete defense to any criminal charges, and based upon that, the District Attorney would not be able to prove a case beyond a reasonable doubt and will not be filing any charges against any of the officers,” Hopkins said in his final report.
Daughter seeks millions in federal lawsuit
Shavon Vestal was arrested after the incident and spent some time in jail as her criminal case was resolved.
Last summer, she filed a $30 million claim against the city, seeking damages in the amount of $20 million for herself and $5 million each for her son and boyfriend, as Lake County News has reported.
The Clearlake City Council rejected the claim at its Aug. 14, 2008, meeting.
Anderson said Vestal has filed a $32 million lawsuit in federal court over her father's shooting.
Court records show the case was filed on Feb. 4. It names the city of Clearlake, Clearlake Police, Hansen and Chief Allan McClain.
Anderson said he needs to know what the District Attorney's Office knows about the case, so he plans to seek the full records from the investigation into David Vestal's death.
“They'll get a federal subpoena fairly soon,” he said.
Shavon Vestal, her boyfriend and son are living together, and she's trying to get on with her life, but Anderson said she's very broken up by her father's death.
The case against could take anywhere from one to five years to work its way through the courts, Anderson said.
The full final report
Hopkins' full statement on the shooting is offered below.
IN THE MATTER OF THE DEATH OF DAVID CLINTON VESTAL
LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
On June 30, 2008, shortly after 9:30 p.m., in the city of Clearlake, David Clinton Vestal was fatally shot by a Clearlake Police Officer. The Lake County District Attorney’s office was contacted by the Clearlake Police Department and asked to assume the responsibility for the criminal investigation under the Lake County Protocol for Law Enforcement Involved Fatal Incidents. We assumed responsibility for that investigation and at the conclusion have determined that the shooting was justified under the circumstances, based on the appearance that the deceased was about to shoot one of the officers who had responded to the scene. Therefore, no criminal charges will be filed against the officer who shot Mr. Vestal.
Mr. Vestal resided in a mobile home park in Clearlake with his daughter, her son and her boyfriend. It appears that a couple of his daughter’s friends visited that day and everyone became pretty intoxicated. Neighbors called in a report that a group of four adults were physically fighting and four Clearlake Police Officers responded to the location described in those calls. The reports were that a male was beating up a female and a child was thrown out of the trailer onto the porch.
The first officer to arrive went toward the door of the mobile home, which had a porch in front of it, and called out to the occupants after taking up a position to the rear of the porch. The people inside the residence were screaming, and the officer had to say “Police” several times before Mr. Vestal’s daughter came out. Her left eye was swollen almost shut; she had blood on her face and looked as if she had been recently assaulted. She was complying with the officer’s request to step off the porch when her boyfriend came running out in an agitated and belligerent state, refusing to follow the officer’s directions. The officer used a Taser on the boyfriend, and after that, while he was sitting on the porch, and the other officers had arrived, he and the daughter were yelling and screaming about getting beat up and a loaded gun being stolen. The daughter’s small child came out of the residence and then David Clinton Vestal came out holding a .410 shotgun.
The officer saw Mr. Vestal from his position behind the boyfriend and small child. He said he saw Mr. Vestal point the shotgun, at what appeared to be the location of another officer and screaming something like “You better get out of here” or “You have seconds to get out of here”. Another officer had a recorder activated and captured Mr. Vestal saying “Now, you have forty seconds to get out of here.”
Another officer saw the shotgun pointed at him and went for cover. Mr. Vestal turned and pointed the shotgun at the first officer, who was holding a Taser and a flashlight in his hands. That officer dropped the Taser and pulled his handgun from his holster, yelled “Down, gun” and fired at Mr. Vestal, hitting him with one bullet out of the four he fired. Mr. Vestal died within minutes of being shot. He immediately fell to the porch, and as he did, the officer stopped firing. Mr. Vestal’s blood alcohol registered a 0.17 percent.
Five Lake County District Attorney Investigators responded to the scene that night, assisted with Crime scene investigation and conducted follow-up investigation. DA Investigators interviewed witnesses and attended the autopsy. Lake County Sheriff’s Department Sergeants assisted Clearlake Police Department in containing the scene. State of California Department of Justice Bureau of Investigations Special Agents and a Special Agent Supervisor responded to assist with crime scene investigation, and State of California Department of Justice Bureau of Forensic Services criminalists assisted with crime scene investigation and conducted forensic testing.
After a review of the investigation, I believe the evidence shows that only one officer fired a weapon, a .40 caliber Glock pistol, and one of the four shots fired struck David Clinton Vestal causing his death. Based upon the investigation, it is my legal opinion that the officer who shot Mr. Vestal had a belief that was reasonable under the circumstances, that it was necessary to use deadly force to prevent Mr. Vestal from causing death or great bodily injury by shooting at that officer and others with his .410 shotgun. This would constitute a complete defense to any criminal charges, and based upon that, the District Attorney would not be able to prove a case beyond a reasonable doubt and will not be filing any charges against any of the officers.
E-mail Elizabeth Larson at
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