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Getting Answers: Was non-lethal force possible in Tracy shooting of armed teen?

Was non-lethal force possible in Tracy shooting of armed teen?
Was non-lethal force possible in Tracy shooting of armed teen? 03:12

TRACY -- One day after the Tracy Police Department released bodycam footage of an officer shooting an armed teenager, the use of force remains a topic of conversation in the community. 

On Tuesday, Civil Rights activists and Muslim American advocacy groups held a press conference in Tracy calling for police reform at the department and better training on de-escalation. 

CBS13 reached out to John McGinness, a retired Sacramento County sheriff and expert in law enforcement tactics, to watch the video and weigh in on one of the biggest questions: could non-lethal force, like a taser, have been used? 

Watch the videos here, as provided by Tracy Police Department. 

"It's pretty straightforward," McGinness said after watching the video through once. "There's no opportunity for de-escalation. There's not sufficient space or time or cover for the officer. A taser can be a remarkable advantage in some encounters, but it is not foolproof." 

The body camera footage from the officer shows that this incident unfolds in a matter of seconds after his arrival on the scene. The officer can be heard ordering the teen to drop the knife in his hand five times. The officer is seen backing up from the teen. The teen is seen in the video advancing toward the officer with the knife still in hand, and in close proximity.

McGinness said that makes a difference. 

"An edged weapon is every bit as deadly as a firearm," said McGinness. "It's an imminent threat to the well-being, the lives of innocent persons in harm's way. Regrettably, in this case, it looks as though deadly force was the only option."

The officer fires two shots, and both hit the teen in the arm and abdomen, non-fatally. 

"Are two shots necessary?" reporter Ashley Sharp asked McGinness. 

"Sufficient rounds were fired to stop the threat, and that was what law and policy called for," he answered. 

Tracy Police Chief Sekou Millington said in a press conference upon the release of the video Monday night that department policy is exactly that: shoot until the threat is gone. 

"When the subject was advancing with the knife, Officer Ramirez fired at that time two shots. Immediately after the subject turned, there were no more shots fired. So he used what he felt was necessary at that moment," said Chief Millington, in defense of the officer's actions, which he says do not break department protocol. 

Tracy police policy also dictates that use of non-lethal force, like a taser, can only be used when there is backup on the scene with lethal force, in case something goes wrong. 

"Officer Ramirez was the only officer and the first one to be encountered by someone who showed up less than four seconds after he exited the car. He used what he thought was in his best judgment, which is consistent with our training," said Millington. 

Still, calls from Muslim advocacy groups grow. They say the teen, who moved here two months ago from Afghanistan with his family should have been approached with de-escalation tactics first and more cultural sensitivity. 

The teen was fighting with his family members outside their Tracy home when a neighbor called 911, reporting the teen was chasing a man with a knife, who was later identified to be his older brother. 

"We believe that the officer should have used other actions – other actions other than potentially deadly force to ensure the safety of all those involved," said Reshad Noorzay, with the Council on American-Islamic Relations at Tuesday's press conference. 

Activists like Noorzay are demanding reform. 

"The use-of-force policy needs to be updated. They need to implement de-escalation training, [and] improve de-escalation training and strategies," Noorzay said. "We are demanding that they implement improved training on the use of non-lethal force and we are demanding that they improve cultural sensitive training."     

For McGinniss, it is training that is needed for all officers. But in this case, by his opinion, not directly applicable. 

"I'm a strong proponent of de-escalation where it can work. In this case, there was no opportunity for de-escalation. I think the officer was clearly out of options," McGinness said. 

Chief Millington told reporters Tuesday night that this incident is only the third officer-involved shooting at the Tracy Police Department in 20 years. 

"Our track record in dealing with these incidents is stellar. Using de-escalation, using less lethal shotguns, using tasers. We've been able to de-escalate more times than not. And that's why we have such a low frequency of officer-involved shootings," Millington said.

The officer was placed on a three-day leave from the Tracy Police Department pending the ongoing investigation into the incident. Millington said he will return to duty when it's best for him. 

The 17-year-old shot is recovering at the hospital after undergoing two surgeries and is expected to survive. Criminal charges have not yet been filed. 

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