Modesto shooting situation 'evolved rapidly'

The situation escalated in a matter of seconds when police officers encountered a belligerent man early Monday in an east Modesto home and shot him after he reached for a spatula believed to be a large knife, police said Wednesday.

The deadly encounter occurred in the living room of the small single-story house in the 500 block of Mary Todd Lane, just a few blocks east of Lincoln Avenue.

Modesto police officer Bradley Peterson used a Taser on Francisco Moran, 45, but it was ineffective. As the less-than-lethal stun gun failed to subdue him, Moran reached for a shiny metal object in his rear waistband, said Modesto police spokesman Sgt. Rick Armendariz.

Two other officers, Joseph Lamantia and Robert Laxton, also had confronted Moran in the living room.

As Moran pulled the metal object out of his waistband and lunged at the officers, Lamantia and Laxton fired their guns. The officers handcuffed Moran and began administering medical aid until paramedics arrived, but he was pronounced dead at the scene.

While investigators were trying to determine the exact timeline of events, Armendariz said it was clear the incident "evolved rapidly."

"We will never know what Moran's intentions were," Armendariz said.

Moran did not have an extensive criminal background. He was arrested more than a year ago on suspicion of being drunk in public, but he had never been arrested for a violent attack, Armendariz said.

Stanislaus County coroner officials conducted an autopsy on Moran on Wednesday, but authorities did not release any findings. Armendariz said investigators will wait for a final autopsy report, which could take several weeks, before they release the results.

The autopsy is expected to determine how many times Moran was shot, the cause of death and his blood-alcohol level.

Lamantia and Laxton remained on paid administrative leave Wednesday pending an investigation, which is standard procedure. Peterson also was given time off.

Moran's family declined to comment when a Bee reporter went to the home Wednesday afternoon. Moran also lived there.

Fighting with his family

Eight people, including Moran, were at the house when officers arrived. Residents at the home called 911 just after midnight Monday to report Moran was drunk, belligerent, fighting with family members and had a knife.

Moran had gone into the kitchen and grabbed a metal object from a dish rack next to the kitchen sink and placed it in his rear waistband. Armendariz said a family member knew there was a large butcher knife in the dish rack and believed Moran had grabbed it.

"They were definitely fearing for their safety," Armendariz said. "With his volatile behavior, it's understandable the family would assume he was reaching for the butcher knife."

One of Moran's relatives, an older man, tried to intervene and calm him. Armendariz said Moran pushed the man to the ground, causing an injury that immobilized him.

The man asked police not to release any information about his identity, age, injuries or condition. Armendariz said the man, who is at least 65, remained hospitalized Wednesday afternoon.

The injured man was lying on the living room floor when the officers entered through the home's front door.

Moran was 5 feet 4 inches tall and weighed 172 pounds. Investigators later learned he had a spatula about 10 to 12 inches long.

Richard Lichten, a retired Los Angeles County sheriff's lieutenant who testifies as a court expert on the use of force, said Wednesday he believed Modesto police acted "appropriately" based on police accounts published in The Bee.

Lichten said officers were acting on information that Moran had a knife, heard people yelling and saw a man lying on the living room floor with unknown injuries.

"(Moran) was well within slashing and attacking distance of the officers," Lichten said. "People think, 'Well geez, it's only a knife and officers can disarm them.' They see it on 'T.J. Hooker.' ... But it sounds like (the officers) had no choice."

He said police often operate using the "21-foot rule," which means an officer standing 21 feet from someone armed with a knife most likely won't be able to unholster his weapon before being hurt if that person was to charge. Moran was about eight to 12 feet away from officers, according to Modesto police.

"That's how fast these things happen," Lichten said. "It takes awhile for the brain to realize what's happening."

Lichten also noted officers first tried to subdue Moran using a Taser. Armendariz said investigators had not yet determined why the Taser failed to subdue Moran.

Police say Tasers can fail to work because the suspect can resist the pain; the suspect is under the influence of drugs or alcohol; the suspect is moving when the Taser is used; the darts fail to hit the suspect; or the suspect's loose or thick clothing prevents the darts from penetrating the skin.

"Tasers aren't 100 percent effective," Armendariz said.

Bee staff writer Merrill Balassone contributed to this report.

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.