CBS/AP/ November 13, 2012, 7:48 AM

Police fatally shoot Marine in California

Cpl. Allan DeVillena II, a veteran of the war in Afghanistan, who was fatally shot by California police in Palm Springs, Calif., Saturday, Nov. 10, 2012. At a Monday press conference police defended their actions.

Cpl. Allan DeVillena II, a veteran of the war in Afghanistan, who was fatally shot by California police in Palm Springs, Calif., Saturday, Nov. 10, 2012. At a Monday press conference police defended their actions. / KESQ

PALM SPRINGS, Calif. Police say they had no choice but to shoot and kill a Camp Pendleton Marine after he refused to pull over, drove into one officer, and tried to drive off with another officer hanging halfway out of his car window.

The Marine repeatedly ignored orders to stop after being approached by officers on bike patrol around 2 a.m. Saturday, the Palm Springs Police Department said in a statement Monday.

CBS Affiliate KESQ reports the two officers were investigating yelling inside a parking enclosure, where they recognized an individual from an earlier interaction. When the police asked the suspect to turn off the car, the suspect ignored the orders and began turning the vehicle around, refusing repeated orders to stop.

One officer climbed partially through the passenger side window, attempting to stop the vehicle. The suspect accelerated directly toward the second officer, striking him and continued on with the initial officer suspended from the passenger side window, KESQ reports. The suspect then crashed the vehicle near the exit.

"In the course of these events, fearing for their safety and the safety of others both officers discharged their weapons," police said.

EMTs were called, and the driver was pronounced dead at the scene. The lone passenger, another Marine, was not injured, authorities said.

Both officers were treated for injuries at a hospital and released. They have been placed on administrative leave while the department investigates.

The Desert Sun identified the Marine who was shot as Cpl. Allan DeVillena II, and said his family contacted the newspaper.

Police said authorities later found a smartphone in the car that was reported stolen by someone whose identification card was found in the Marine's pants pocket.

The lone passenger was arrested for investigation of public intoxication and for an unrelated misdemeanor warrant then released. Police did not release his name.

DeVillena's father, Alan DeVillena, told the newspaper his son and the passenger had gone out to celebrate the 237th birthday of the Marine Corps, which was Saturday.

The father said the family was headed to Palm Springs to find out what had happened after being notified of his son's death by the Marine Corps.

The newspaper reported both Marines were with the 1st Marine Logistics Group based in Camp Pendleton, but the men were stationed at Twentynine Palms.

Marine Corps officials could not be immediately reached for comment Monday when many offices were closed for Veterans Day.

DeVillena said his son served in Afghanistan and was due to finish his four-year enlistment in about two months. He said he planned to attend college.

"He was looking to get into audio engineering," DeVillena told the newspaper. "He wanted to get into recording. He wrote a lot. He had a passion for music."

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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Joesschmoes says:
THE OFFICERS HAD NO RIGHT ENACTING THE DEATH PENALY FOR ANY OF THE NUMEROUS THINGS THEY ARE TRYING TO PIN THIS GUY WITH. IF THAT WERE THE CASE, LETS JUST KILL ALL DRUNK DRIVERS THAT JUST GOT IN A HOLLERING MATCH. GEEZ MAYE WE SHOULD KILL THE PETTY THIEVES AND JAY WALKERS. WHY? OH BECAUSE HE DIDNT DO WHAT THE COP TOLD HIM TO? WELCOME TO AMERICA, IT'S A FREE COUNTRY. THESE COPS WERE OUT OF LINE AND SHOULD BE CHARGED WITH MURDER. WHO IN THEIR RIGHT MINDS,BESIDES JAMES BOND, DIVES THROUGH THE WINDOW OF A DRUNK, PROBABLY PARTIALLY INCOHERENT AND OBVIOUSLY IRRATIONAL PERSONS CAR WHILE ITS MOVING? A BOOB, THATS WHO. CALL IN AN APB, FOLLOW HIM HOME, ROAD BLOCK HIM,JUST DONT ESCALATE AN ALREADY OBVIOUSLY HEATED SITUATION AND THEN HIDE BEHIND A BADGE.
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Joesschmoes says:
THE OFFICERS HAD NO RIGHT ENACTING THE DEATH PENALY FOR ANY OF THE NUMEROUS THINGS THEY ARE TRYING TO PIN THIS GUY WITH. IF THAT WERE THE CASE, LETS JUST KILL ALL DRUNK DRIVERS THAT JUST GOT IN A HOLLERING MATCH. GEEZ MAYE WE SHOULD KILL THE PETTY THIEVES AND JAY WALKERS. WHY? OH BECAUSE HE DIDNT DO WHAT THE COP TOLD HIM TO? WELCOME TO AMERICA, IT'S A FREE COUNTRY. THESE COPS WERE OUT OF LINE AND SHOULD BE CHARGED WITH MURDER. WHO IN THEIR RIGHT MINDS,BESIDES JAMES BOND, DIVES THROUGH THE WINDOW OF A DRUNK, PROBABLY PARTIALLY INCOHERENT AND OBVIOUSLY IRRATIONAL PERSONS CAR WHILE ITS MOVING? A BOOB, THATS WHO. CALL IN AN APB, FOLLOW HIM HOME, ROAD BLOCK HIM,JUST DONT ESCALATE AN ALREADY OBVIOUSLY HEATED SITUATION AND THEN HIDE BEHIND A BADGE.
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AlllenC says:
i have only met a very small handful of cops that are actually level headed and intelligent enough to handle a loaded firearm. The vast majority of police in this country should not be given anything more than a water pistol or cap gun. i`m betting this marine was probably pumped up and not listening to what the cop had to say. I`m also betting the cops were your typical loud mouth, arrogent losers you typically see. Would they know how to difuse a sitution involving someone with the training that marine has had? doubtful! the closest most cops have been to combat or military service is a war movie they`ve seen.I don`t trust cops, i don`t like the vast majority of them, and firmly believe they have far too much power and are given far too much consideration when they make foolish decisions
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lami987 says:
If that was what actually had happened, then he deserved to be shot preferably not fatally.
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AlllenC replies:
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I`ll bet the cops approached the guy in question with their typical holier than thou attitude. virtually all the men I know that have had infantry training and combat experiance will not be impressed with arrogance. And, in the right situation, a forceful approach will receive a forceful response.
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fitzwilly67 says:
"One officer climbed partially through the passenger side window, attempting to stop the vehicle."

And then in "fearing for their lives" both officers discharged their weapons, killing Marine Corporal Allan DeVillena II.

This is utter non-sense. What ******* cop is going to climb into the window of a moving vehicle?? For god's sake, the police put themselves in danger! Why not just jump in front of the moving vehicle and let him run you over? That may slow him down and stop the car too! Wouldn't common sense dictate that these two bicycle cops could have just radioed ahead the license plate number of the fleeing vehicle?

Unfortunately, our current police forces in America are becoming a danger to our local communities. There are way too many incidences identical to this one, where the story ends with their suspect dead from police gunshots. Until proper training is completed, take away their guns.

Usually, victims of police aggression ending in death to the suspect, involves the homeless or drug addicted. But this case is different. This time the police shot and killed an honorable Marine, who has served our country faithfully in Afghanistan.. Perhaps something good can come from his death.. Maybe the public will become outraged and more aware of the insane, cowboy-cop-thugs that our police departments employ all over the country.

Fire these two Palm Springs bike cop idiots, and charge them with homicide. Either that or take away the guns and badges they hide behind, and put them in a locked room with two Marines from Corporal DeVillena's unit...
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bassettmedic84 replies:
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"killed an honorable Marine". You mean the Marine that was drunk, had a stolen cellphone, and they had encountered in an earlier confrontation. Let me ask you this if the police pulled over would you, then try and drive off with one of them hanging from your window and try and hit another police officer in front of you. No probably not, because you pay attention to the laws and the rules. This person did not, and the police did what needed to be done to protect themselves and or citizen that could of been hurt by this moron.
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david1459 says:
NOT CONDONING WHAT HAPPENED BUT POLICE OFFICERS LACK ENOUGH TRAINING.THEY ARE ARROGANT AND HAVE LESS PEOPLE SKILLS THAN AUTO MECHANICS WHY DID HE JUMP INTO A MOVING VEHICLE IS HE SUPERMAN HUH LESS QUESTION HIS JUDGEMENT. EVERY DAY IN AMERICA WE READ ABOUT KILLINGS BY OFFICERS SWORN TO UP HOLD THE LAW THEY LACK THE TRAINING TO BE EFFECTIVE WHAT A SHAME THEN THEY ARE CALLED A HERO
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-Punchy- replies:
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Learn to read, he jumped in before the guy took off, cops will reach in and shut your car off for you if you're dumb enough to not stop it when they ask you to.
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houladancer says:
cops on bikes lose their position as an authority figure
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illsayanything replies:
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No I'll tell you what happened. He was prob drunk and thought he didn't have to listen to the cops. I love what the Marines do for the US and I have nothing but respect for them but when they come home they feel like their the King and they don;t have to listen to people anymore because they went over seas. so no a cop on a bike is just like a cop in a car so there is no lose of authority just a big headed Marine they thought he was above the law because he served. Sad but true
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rwd001 says:
Life really get frustrating at times - but this is no way to go - especially if one was an officer of the elite force of the USA.
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djb28us says:
He was probably trying to get himself killed. Many can not take coming home.
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BIGSHEA408 replies:
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you are more wrong than ever. AJ was my good friend & a very honorable Marine. He was ready to come home. He was just here last week & was excited to get back to family. RIP to a true fallen soldier. Do not believe everything police tell you. Just like do not trust what the government tells you. ie; WMD in Iraq. OBL & 911, ect, ect.
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FormerUSMCSergeant says:
He survived two tours in Afghanistan to die in a bout of stupidity in Palm Springs.
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