No charges will be filed against a California Highway Patrol officer who fatally shot a suspected drunk driver on Saturday, Oct. 14. The confrontation took place following a high speed chase through both Colusa and Lake counties.
Legal analysis in a final report issued this week by Lake County District Attorney Gerhard W. Luck, indicates that Officer Gregory Baxter of the Clear Lake area CHP feared for his safety and that of another officer, CHP Sgt. Dave Stark. The report determines that Baxter had an “honest and reasonable belief that he had to resort to the use of deadly force” in order to prevent death or great bodily injury being inflicted on himself or Stark.
Official cause of death for Lamar Eugene Francisco Peters was multiple gunshot wounds. A blood sample taken from Peters was found to have a blood-alcohol content level of 0.14 percent.
On Oct. 14, Williams area CHP Officer Jim Duron initiated a pursuit as a result of a “be on the lookout” concerning a suspected drunk driver in a red jeep with a tire in the rear. The vehicle had been seen in the area of Maxwell Road and Colusa Road headed toward Interstate 5.
Duron located the suspect vehicle and attempted to effect a traffic stop but the motorist failed to yield.
During the course of pursuit, according to officer statements, the suspect drove in a reckless manner and on several occasions crossed over the center dividing line. “On more than one occasion the suspect vehicle was endangering oncoming traffic by driving in their lanes.”
The pursuit involved CHP officers and supervisors from both Williams and Clear Lake areas, a total of seven personnel. Sgt. Scott Fredrick, who was the supervising officer for Williams, also requested air support.
Officer Baxter and Sgt. Stark took over as drivers of “primary” and “secondary” pursuit vehicles after the pursuit crossed the county line. The report indicates that Baxter requested permission from Stark and received authorization to perform a “Pursuit Intervention Technique” in order to stop the pursuit on State Route 20 near Suphur Bank Road.
The suspect vehicle stopped for a short period of time and then started again. At this point, the report states, Stark rammed the suspect vehicle. Afterward, Stark”s vehicle came to rest behind it.
Stark, believing the pursuit was over, started exiting his vehicle; the suspect vehicle was now surrounded by CHP units. “Stark saw the suspect vehicle accelerating rapidly toward him,” states the DA report.
According to Baxter”s testimony, while all this was occurring, the suspect vehicle was “pingponging” off of CHP units. Baxter observed the suspect vehicle backing toward Stark, who was exiting his patrol vehicle, and fearing for Stark”s safety, drew his weapon and fired at Peters. Autopsy results indicate that Peters was struck five times and that one was a reentry wound.
Two officers on scene who were emergency medical technicians, Adam Garcia and Sgt. Fredrick, provided aid to the suspect. Peters was airlifted to Santa Rosa Memorial Hospital where he was pronounced dead at 3:30 p.m. on Oct. 14.
The DA conducted his investigation pursuant to an “Officer-Involved Fatal Incident Protocol.” In rendering his determination, the DA reviewed statements by the officers involved as well as police, investigative, medical and relevant reports. The DA also reviewed photographs of the scene and a video of the pursuit and shooting that had been taken via a camera that was mounted on CHP aircraft.
Contact Cynthia Parkhill at cparkhill@clearlakeobserver.com.
