Palm Springs police say Pendleton Marine assaulted cop before killing (Sam Spital)

COMMENTARY BY CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:

Palm Spring police were reported to have shot and killed a Marine from Camp Pendleton, age 22, who accelerated his car at a police officer in a parking garage, refusing to turn the vehicle off as another officer attempted to climb inside the passenger window, according to the CBS Channel 8 online news of November 13, 2012. Even though one of the officers ‘repeatedly ordered the suspect to stop the vehicle,’ at the same time a fellow Marine in the passenger seat did nothing to stop the inevitable tragedy in which the driver drove toward one of the officers, who feared for his life. The car crashed and the officer that was struck was injured and treated at a local hospital in Palm Springs.

The incident occurred about 2:00am and one of the Marines was ‘visibly drunk.’ Clearly, our soldiers sustain serious challenges in serving our country, and the stress they feel on a daily basis can be overwhelming. Unfortunately, drinking alcohol is used to cover up the damaging memories that are carved into their brain from daily (negative) military experiences. While the excruciating pain seems more tolerable when drinking, the unintended consequences and behavior that stems from the consumption could be prevented &/or controlled. Clearly, we need more and better preventive care and treatment. Of course, public intoxication and driving under the influence are far too frequently the source of criminality. Since the officers are on administrative leave, no further information was supplied in the article in order to evaluate the facts and circumstances any further.