Man Shot By Elk Grove Police Files Claim Against City

As the Elk Grove Police Department continues to investigate a Jan. 30 officer-involved shooting, the man wounded in the incident is laying the groundwork to sue the city. The American Civil Liberties Union also voiced concerns Wednesday over the handling of the investigation, including why the still-unidentified officer responsible for the shooting returned to work just days later.

Prominent civil rights attorney Stewart Katz filed a complaint on behalf of shooting victim John Hesselbein with the city of Elk Grove February 7, seeking damages of more than $25,000 for the injuries related to “the outrageous events which took place.” The city is still reviewing the complaint, a city spokesperson said.

Hesselbein, 32, was shot in the face with a rifle during the early hours of Jan. 30, while handcuffed, unarmed and in the backseat of a patrol car. Police have said Hesselbein yelled that he had a weapon and appeared to be reaching into his waistband in the moments before he was shot.

Stating that Hesselbein “fortunately, and somewhat improbably, survived,” Katz wrote in the complaint that the EGPD police chief, responsible officers and other employees released false and misleading information about the shooting. They also attempted to place Hesselbein in a negative light and “deflect a critical investigation of the outrageous events which took place,” Katz wrote.

Police were called to Hesselbein’s home for a domestic dispute, but the events that ensued apparently became chaotic, as Hesselbein barricaded himself inside the home and police – who say they were under the impression that Hesselbein was armed – responded by surrounding the house. After Hesselbein had been arrested and searched for weapons, he was sitting in the backseat of a patrol car when an officer shot one round from his rifle into the car, grazing him on the cheek.

The patrol officer responsible for the shooting—whom the department has declined to identify, saying only he is a three-year veteran of the force—was initially placed on administrative leave, but returned to his normal duties February 9, EGPD spokesperson Officer Chris Trim said.

Such a quick turnaround has representatives of the ACLU’s Sacramento chapter concerned. “I was surprised to find out that the officer had already been put back on duty,” ACLU spokesperson Cres Vellucci said. “Usually the officer is not back on full duty until the investigation is complete. We find that kind of interesting.”

Both the EGPD and the Sacramento District Attorney’s office are investigating the incident. Trim said it was normal department procedure to return the officer to duty but that “pending the outcomes of those two separate, but related investigations, the findings could ultimately affect his employment status.”

He declined to comment on specific charges raised in the complaint, citing pending litigation.

The ACLU also called for an independent, unbiased review of the shooting not tied to law enforcement.

“Besides a more independent review, we'd also urge the police to examine officer training,” Vellucci said. “As much as they might say he's well trained, oftentimes it's found the officer hasn't had the appropriate training for these situations.”

Trim said that the police department plans to meet with the ACLU to discuss their concerns.

Hesselbein, meanwhile, remains out of jail on bond and is facing two misdemeanor charges related to the Jan. 30 incident, including domestic battery and violating a restraining order. He's scheduled to appear in court March 10 and was most recently represented by attorney Tasha Paris. Attempts to reach her and Katz Wednesday were unsuccessful.

Hesselbein, who was sentenced to seven years in prison in 1998 for involuntary manslaughter and receiving stolen property, is also facing unrelated charges of driving under the influence.