Ep 2 - LAPD Shooting of Daniel Elena-Lopez and an Innocent Bystander: A Legal Analysis

The Force Review: Episode 2 - Daniel Elena-Lopez

On December 23rd, 2021 in North Hollywood a man (identified as Daniel Elena-Lopez) under the influence of narcotics entered a clothing store and began harassing customers. His behavior escalated until he was assaulting others with a heavy duty bike lock. LAPD were dispatched under the impression that there was an active shooter situation, and Daniel Elena-Lopez was shot and killed by police. An innocent bystander was also killed by the police rounds. Were the officers justified in either of these shootings? Watch the video for a complete legal analysis of both shootings in this 2 for 1 episode.

Source Critical Incident:
https://www.youtube.com/watch?v=bjcdanUhmSY

CA Penal Code: 245
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=245.&lawCode=PEN

CA Penal Code: 12022.7
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12022.7.&lawCode=PEN

CA Criminal Jury Instructions
https://www.justia.com/documents/criminal-law-calcrim.pdf

CA Penal Code: 207
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=207.&lawCode=PEN

People v Salazar:
https://caselaw.findlaw.com/ca-court-of-appeal/1760433.html

CA Penal Code: 835a
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835a.&lawCode=PEN

Tenessee v Garner:
https://caselaw.findlaw.com/us-supreme-court/471/1.html

CA Penal Code: 195
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=195.&lawCode=PEN

CA Penal Code: 192
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=192.&lawCode=PEN

Police Sniper kills hostage:
https://apnews.com/article/e007d810e4d02673fbe84b850a9ec06a
Police Sniper cleared of wrong doing:
https://www.orlandosentinel.com/news/os-xpm-2000-12-09-0012090396-story.html

Officers injure 9 outside empire state building:
https://www.nytimes.com/2012/08/25/nyregion/police-decision-to-shoot-in-midtown-left-9-wounded.html

Officer kills Trader Joe's employee:
https://www.cnn.com/2018/07/24/us/trader-joes-lapd-bullet-killed-victim
Officer not charged in Trader Joe's shooting:
https://www.npr.org/2020/12/16/947118151/lapd-officers-in-2018-trader-joes-shooting-will-not-be-charged-in-employees-deat

Felon opens fire on pier, killing woman:
https://www.eastbaytimes.com/2015/07/01/san-francisco-woman-shot-and-killed-on-pier-14/
Felon acquitted of murder:
https://www.nbcnews.com/news/us-news/jose-ines-garcia-zarate-san-francisco-pier-killing-suspect-found-n823351