CLEARLAKE — Lake County District Attorney Jon Hopkins has released a final report in the 2008 officer-involved shooting at York”s Trailer Park, in which David Clinton Vestal was fatally shot by an officer of the Clearlake Police Department (CPD). As a result of a multi-agency investigation, the DA”s Office has concluded that the shooting was justified under the circumstances, based on the appearance that the deceased was about to shoot one of the responding officers. Therefore, no criminal charges will be filed against the officer who shot Vestal.
“After a review of the investigation, I believe the evidence shows that only one officer fired a weapon, a .40 caliber Glock pistol, and one of the four shots fired struck David Clinton Vestal causing his death. Based upon the investigation, it is my legal opinion that the officer who shot Mr. Vestal had a belief that was reasonable under the circumstances, that it was necessary to use deadly force to prevent Mr. Vestal from causing death or great bodily injury by shooting at that officer and others with his .410 shotgun,” Hopkins states in the final report. “This would constitute a complete defense to any criminal charges, and based upon that, the District Attorney would not be able to prove a case beyond a reasonable doubt and will not be filing any charges against any of the officers.”
At approximately 9:33 p.m. on June 30, 2008, officers responded to the mobile home park on Old Highway 53 in Clearlake where Vestal resided with his daughter Shavon Vestal, her son and her boyfriend Sean Bremer. Officers were responding to a report of a physical disturbance involving multiple subjects. “It appears that a couple of his daughter”s friends visited that day and everyone became pretty intoxicated. Neighbors called in a report that a group of four adults were physically fighting and four Clearlake Police Officers responded to the location described in those calls. The reports were that a male was beating up a female and a child was thrown out of the trailer onto the porch,” Hopkins states in the final report.
The first officer to arrive reportedly went toward the door of the mobile home, which had a front porch, and called out to the occupants after taking up a position to the rear of the porch. “The people inside the residence were screaming, and the officer had to say ?Police” several times before Mr. Vestal”s daughter came out,” Hopkins states. “Her left eye was swollen almost shut; she had blood on her face and looked as if she had been recently assaulted.”
Shavon Vestal was complying with the officer”s request to step off the porch when Bremer reportedly came running out in an agitated and belligerent state, refusing to follow the officer”s directions. “The officer used a TASER on the boyfriend, and after that, while he was sitting on the porch, and the other officers had arrived, he and the daughter were yelling and screaming about getting beat up and a loaded gun being stolen,” Hopkins states.
According to the report, Shavon Vestal”s young child then came out of the residence and then David Vestal came out holding a .410 shotgun. The officer saw Mr. Vestal from his position behind Bremer and the child and said he saw Vestal point the shotgun at what appeared to be the location of another officer while screaming something similar to “You better get out of here” or “You have seconds to get out of here.” Another officer had a recorder activated and reportedly captured Mr. Vestal saying “Now, you have 40 seconds to get out of here.”
Hopkins” final report states that another officer saw the shotgun pointed at him and went for cover. “Mr. Vestal turned and pointed the shotgun at the first officer, who as holding a TASER and a flashlight in his hands,” Hopkins states. “That officer dropped the TASER and pulled his handgun from his holster, yelled ?Down, gun” and fired at Mr. Vestal, hitting him with one bullet out of the four he fired.”
Vestal, who reportedly had a blood alcohol content of 0.17 percent, died within minutes of being shot. He fell to the porch, and as he did, the officer stopped firing.
Investigation of the incident involved several agencies including the District Attorney”s Office, the Department of Justice and the CPD. The DA”s Office was contacted by the CPD and asked to assume the responsibility for the criminal investigation under the Lake County Protocol for Law Enforcement Involved Fatal Incidents. Five Lake County District Attorney Investigators responded to the scene that night; assisted with the crime scene investigation and conducted follow-up investigation.
Special agents and a special agent supervisor from State of California Department of Justice Bureau of Investigations responded to assist with the crime scene investigation as well. Department of Justice Bureau of Forensic Services criminalists assisted with the crime scene investigation and conducted forensic testing.
CPD contained the scene with the assistance of sergeants from the Lake County Sheriff”s Department. Clearlake Police administration was responsible for conducting a review to make ensure policy had been followed.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
