Friday, March 27, 2009
Deputies not at fault in shooting where man lost an eye
Deputies did not use excessive force on Michael Momeni, who lost his left eye after being shot at with a bean bag gun.
By RACHANEE SRISAVASDI
The Orange County Register


SANT ANA An Orange County jury sided with the Sheriff's Department today, determining that deputies did not commit battery against a man who lost his left eye during a 2006 altercation.

Michael Momeni, 24, had filed a civil rights lawsuit in November 2006, alleging deputies used excessive force and shot him unprovoked with a bean-bag gun on Feb. 27, 2006 at his then-Mission Viejo home.

Deputies had responded to Momeni's residence after Momeni's then-girlfriend called police and said he was suicidal, Momemi's attorney, Gary Casselman, said.

Momeni was intoxicated, and did not surrender to authorities. A deputy ended up shooting him with a bean-bag gun at close range in a bathroom at the home.

[Momeni was struck in the head, resulting in the loss of his eye and brain injuries. The deputy had said she was aiming at Momeni's chest, Casselman said.

The case, which started last month, went to the jury late Thursday. The panel came back around 11 a.m. this morning with its decision: Deputies did not commit battery or violate Momeni's civil rights during the incident.

"It was a correct verdict,'' said Timothy Stafford, the lawyer who represented the Sheriff's Department. "They understood police officers, on a daily basis, get pulled into difficult situations and have to exercise reasonable care."

Casselman, who had asked jurors to award his client a multi-million verdict, said he planned to ask for a new trial.

The part in italics is interesting. This incident happened a few years ago and the details have been well known in the training community.

Based on whats in the article you would believe the cop was a really bad shot. After all it says she aimed at his chest but hit him in the head.


However what actually happened is at the exact moment the cop was pulling the trigger the EDP leaned forward. The long dwell time of the 870 lockwork combined with the low velocity projectile resulted in the EDP's head ending up where his chest had been by the time the projectile reached the target.

any domestic battery?
if not, the police should not have forced him to do anything.

You can be drunk in your own house legally.

That's why we don't use our beanbag guns anymore.  Talk about shot placement being critical.  Those can easily kill someone if your aim is off.

this...but there's probablt a detail or two that go unannounced as to why the cops were there with bean bag shotguns.

Suicidal, barricaded himself in the bathroom with a razor IIRC.

My question is...  What ever happened to cops using batons and muscles to subdue unarmed individuals ?

This sounds like a case for Ladycop!!!!

Sounds like he was brain damaged before the incident.

He was not unarmed IIRC

The chest is not a recommended target zone either.

Imagine it had been a taser and the little prongs went in his eyeball, now that would be a ride.

Has there ever been a case of someone getting tasered in the eyeball?  

You do stupid things you get stupid things done to you.

She cops never take this route. Anything goes to dominate a male. He's lu8cky he didn't catch a bullet in the eye. SHe probably could have said she was aiming for the razor in his hand and gotten off.

ETA: remember don't taze me, bro?

We stopped using beanbags a few years ago due to the liability.

Oh yeah,  There are a bunch of pictures of folks having a barb stuck in their eye.

I begged 5 boxes of these things off a buddy of mine a couple of years ago. (Anything to do with a shotgun I want to try)

Damn they are slow.  As in you can WATCH it on it's way to the target. So slow in fact I'll bet a person with quick reflexes could dodge one given any distance.  I can totally buy the "moved into the line of fire" story for sure.


They do knock big holes in things however.  I had hoped to use them for anti-squirrel use but they are too inaccurate for that purpose. It would have been a hoot to knock a squirrel off the birdfeeder with one.

I think it's a toss-up really, Too far and they just hurt, Too close and they can seriously mess you up.  I can see why depts don't use the things much.  A taser is a MUCH better alternative.

He should count his blessings that it was a bean bag to the eye, not a JHP.