SAN DIEGO–District Attorney Bonnie Dumanis found that based on a thorough review of the evidence and the law, a San Diego Police Officer who fatally shot Fridoon Rawshan Nehad, 42, on April 30 of this year is not criminally liable for his actions.

In making the determination, Dumanis noted that Nehad was homeless, suffered from schizophrenia and had a physically-violent past.  Dumanis used the facts of the incident to call for improved outreach and treatment for the county’s more than 8,000 homeless, many of whom suffer from mental illness.

“Nationwide, more than 11 million individuals cycle in and out of county-operated jails every year and up to 64 percent of them suffer from mental illness,” said DA Dumanis.  “People shouldn’t have to wait until they land in jail or find themselves in a life-threatening situation to receive the mental health treatment and care they deserve.”

San Diego Police Officer Neal Browder was responding to a 911 call of a man threatening people with a knife when he encountered Nehad in an alley walking toward him with a shiny object in his hand. Officer Browder’s perception that the suspect was armed with a knife was shared by two civilians in the immediate vicinity. Nehad held and manipulated the object in his hand like a knife. The item was a metallic pen.

Dumanis says evidence shows Nehad was approximately 17 feet from the officer continuing to advance. Officer Browder fired his weapon 32 seconds after driving into the alley.

A letter sent to San Diego Police Chief Shelley Zimmerman outlining the DA’s review says there were three witnesses to the events leading up to the shooting. Two witnesses heard Officer Browder demand that the suspect drop the knife. Another witness said he believed he heard Officer Browder tell Nehad to stop. Two independent witnesses say they believed Nehad was holding a knife.

When asked during an interview what he believed at the time the incident was occurring Officer Browder said he believed Nehad was going to stab him.

The law prohibits prosecutors from looking at a peace officer’s decision to use deadly force from the perspective of a “Monday morning quarterback.”  Instead, it requires the DA to consider what an officer reasonably believes at the time, without the benefit of hindsight.  Based on the totality of the evidence, the DA found Officer Browder to be in fear for his life, his decision to shoot was reasonable, and he therefore bears no criminal liability for his actions.

Dumanis says the DA’s must also consider Nehad’s serious history of violence as part of the legal analysis. If criminal charges were filed, a jury would be instructed that they could consider Nehad’s past history in evaluating the officer’s beliefs.

Diagnosed with schizophrenia and bipolar disorder, Nehad was physically-violent toward his mother and sisters. He made several threats to kill them and on numerous occasions they reported they were afraid he would use a knife to stab or kill them. His repeated threats and aggression toward his immediate family led to restraining orders and brief hospital commitments. The most recent request for a restraining order came just 17 days before the shooting.  It was filed by Nehad’s mother, who stated she was afraid for her safety and security, according to the DA’s office.

Toxicology tests how Nehad had cannabinoids and THC in his system at the time of the shooting.

While the officer’s body-worn camera was not turned on, the DA’s letter to San Diego police notes that video surveillance of the incident exists.

“The video captured this incident from one angle, high up on a pole, without audio,” Dumanis said.  “It did not capture what Officer Browder could see, what he sensed, what he said, or what he reasonably believed. Should the video ever be released in the future, I hope the public will view it in the context of all the evidence, as we did.”

In addition, the DA’s letter says evidence supports Officer Browder’s belief that because the incident happened so quickly, he did not have a chance to use any other, less-lethal options.  As part of the District Attorney’s review, an independent expert outside San Diego County was consulted.  He found that Officer Browder’s actions “were consistent with those of a trained and reasonable officer, including using deadly force to defend against the immediate threat to his life that Mr. Nehad presented.”  He further agreed that “it was reasonable—and prudent—for Officer Browder to perceive the object held by Nehad was a knife…” Finally, the expert’s opinion was that other, less lethal force options would not have protected the officer or the civilians who were nearby.

Dumanis said her office’s review showed there were many opportunities and attempts to get Nehad into treatment and get him the long-term help he needed.

Last year, more than 16,000 calls for service to the San Diego Police Department were mental health-related.  SDPD statistics show the percentage of mental health-related calls the agency receives has doubled over the past seven years. An annual count of the homeless conducted in January found 8,742 homeless people in San Diego County, with just over half in shelters.

The circumstances of this specific incident follow a common pattern that’s outlined in the District Attorney’s “20-Year Review of Officer-Involved Shootings.”

The purpose of the District Attorney’s review is to provide an independent review of all shootings to assure the public that peace officers in San Diego County are performing their duties in a legally justified manner.  The review does not examine such issues as compliance with the policies and procedures of any law enforcement agency, ways to improve training, or any issues related to civil liability.  Multiple other reviews are done for those purposes.

“I have no doubt that many people won’t read past the headline of today’s announcement, but instead might use this decision to feed the anti-law enforcement narrative that currently exists in the U.S.  But I hope there will also be a sub-headline—one that focuses on the mental illness challenges we face in this country.  One that spurs a parallel discussion about how we can stop people from falling through the cracks and get them treatment,” DA Dumanis said.

Recently, the U.S. Congress was briefed on improving mental health care from jails to communities—emphasizing the role counties play at the intersection of behavioral health and the criminal justice system.