Lodi News-Sentinel

Investigat­ion into October officer-involved Lodi shooting continues

Multi-agency investigat­ion could take a year; officers involved return to duty

- By John Bays

Two officers from the Lodi Police Department have returned to duty from administra­tive leave following an officer-involved shooting, according to Lt. Sierra Brucia.

Matthew Palaita, 35, was shot and killed by officers during a traffic stop in October. Palaita was killed at approximat­ely 8:20 a.m. on Oct. 23 in the area of North Pleasant Avenue and West Turner Road during a traffic stop, when he exited the back seat of the vehicle and aimed a handgun at officers, according to police.

Palaita had been convicted of domestic violence by the San Joaquin County Superior Court in 2016, according to court records, and in 2001 had pled guilty to first degree assault for his role in the 1999 beating death of a man in Waipahu, Hawaii, as court documents confirmed.

“Our department provides employees involved in critical incidents a minimum of three days of administra­tive leave, but in reality they can have as much time as they need. The reason for the leave is to allow the officer to decompress, gather their thoughts, reflect on the incident before having to go back out into the field, and meet with our department psychologi­st.” Brucia said.

Officers Daniel Bristow and Dominic Carillo, both four-year veterans of the Lodi Police Department, were involved in the October shooting. Both officers are assigned to patrol and are members of the SWAT team, with Bristow also serving on the department’s honor guard and Carillo serving with the K-9 unit.

As with all officer-involved fatalities, the ongoing investigat­ion involves multiple agencies, such as the Lodi Police Department, Stockton Police Department, California Highway Patrol, San Joaquin County Sheriff’s Office and the San Joaquin County District Attorney’s Investigat­ions Division, which is made up of 45 investigat­ors with an average of 22 years of experience each, according to District Attorney Tori Verber Salazar, who explained that the process can take a year or more to complete.

“Our investigat­ion is very thorough, although our goal is to ensure that the process moves in a timely fashion. By having multiple agencies and a deputy district attorney involved during the investigat­ion, we can ensure the integrity of the procedure. If the deputy district attorney observes something improper, they have the authority to seize the investigat­ion,” Salazar said.

The DA’s office reviews reports from the investigat­ion team as well as the forensic pathologis­t of the coroner’s office, which can be anywhere from 500 to 1,500 pages, and meets with the team to discuss their findings before deciding whether the officers’ use of force was justified. Evidence reviewed during such an investigat­ion includes eyewitness reports, statements from secondary witnesses who observed part of the shooting or were some distance from the area and reports and body camera footage from the officers involved. The district attorney’s office also provides services for the family of the deceased, something they have only begun doing in the past year or two, Salazar explained

“In order for the use of deadly force to be considered justified, there must be a reasonable belief of danger to the lives of the officers or people around them,” Salazar said.

Few new details about the October shooting have been released, such as the number of shots fired or how many times Palaita was hit. Body camera footage of the shooting has also not yet been released, pending completion of the investigat­ion.

“While there is no policy or procedure to release the footage at a certain time, Chief (Tod) Patterson is working with the other county chiefs and sheriff to identify an appropriat­e timeframe to release this type of footage in the future so as not to impact the officers involved, the investigat­ion, or the communitie­s. We would anticipate releasing the footage in conjunctio­n with the DA's office's final review of the incident,” Brucia said.

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