“To stop at that position was a poor tactic,” Scott DeFoe, a use-of-force consultant with an extensive background with the Los Angeles Police Department, said in court Tuesday. Their expert police witness said that produced an unnecessary risk, and that Pina could have instead retreated to take cover and wait for additional responding officers to arrive. ![]() ![]() The Dominguez legal team, led by plaintiff attorney John Kevin Crowley, has also sought to direct the jury’s attention to Pina’s decision to stand 10 feet away in line of sight of the driver-side window of the black Kia Sportage that Dominguez was in. To this point, attorneys representing Dominguez’s wife and the city of San Jose have argued over whether Pina was reasonable in presuming that based on an armed robbery at a San Jose gas station three days earlier in which Dominguez was a suspect, he could have been carrying the gun used in that holdup since it had not been recovered. It was determined soon after that no gun was in the car. The civil trial, which began Friday, revolves around whether Dominguez dropped his arms from a surrender pose during a confrontation with police - and if so, whether Officer Michael Pina justifiably believed he posed a lethal threat after officers had pinned his car with their unmarked police vehicles at a North San Jose intersection. SAN JOSE - Five years after 33-year-old Jacob Dominguez was shot and killed by San Jose police during a high-risk traffic stop - on the disputed belief Dominguez was reaching for a gun that never materialized - a federal excessive-force trial is underway to assess the shooting officer’s liability in the death.
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