DA's office clears police in two fatal Modesto shootings

The Stanislaus County district attorney’s office has determined that officers were legally justified in firing their weapons in two fatal shootings in Modesto.

One involved a fleeing burglary suspect, who authorities said led officers on a high-speed chase before ramming patrol cars with his pickup. The second involved a college student who had escaped from Doctors Behavioral Health Center and who authorities said advanced on an off-duty officer while holding a shard of glass and pruning shears.

In the first shooting, San Jose resident Jesse Eugene Watson, 36, and his girlfriend, Tara Ferguson, attempted to burglarize a downtown business about 11 p.m. Dec. 11, 2010.

Police tried to pull over the pickup as it left the business, but Watson refused to stop. A high-speed pursuit followed.At McHenry Avenue and Patterson Road, Watson made a U-turn, drove toward the police cars, hitting one and crashing into a civilian’s car.

Officers got out of their cars and yelled for Watson to stop. Instead, police said, he put the truck in reverse and rammed another police car.

Modesto police officers Robert Laxton, Matt McMahon, Eric Schuller and Felton Payne fired their guns. Some of the officers were in the path of the truck. Watson was struck multiple times and died from his wounds; Ferguson was injured but survived.

The district attorney’s news release said officers found shell casings in the truck, a .22-caliber handgun on the floorboard and a magazine for the gun in Watson’s pants.

Ferguson told officers Watson had said “he wasn’t going back to jail,” according to the news release. Toxicology reports showed Watson had a blood-alcohol level of 0.20 percent — more than twice the legal limit — as well as a high, potentially toxic dose of methamphetamine.

Civilian witnesses said it was clear Watson was trying to hit officers with his truck, according to the news release. The district attorney’s office ruled the officers acted in self-defense and the defense of others.

In the second incident, California State University, Stanislaus, freshman Ricky Miranda, 19, was shot March 19 by an off-duty California Highway Patrol officer in a neighborhood near Doctors Behavioral Health Center.

Miranda was taken to the center after telling friends he wanted to kill himself. Staff kept Miranda because of his paranoid-delusional behavior, according to the news release.

He was moved to a more secure unit, but managed to escape, crossed Briggsmore Avenue and an irrigation canal, and fled into the neighborhood.

Residents in one home said Miranda tried to kick in their sliding glass door. Miranda moved from house to house. At one home, he banged on the front windows. A window broke, and Miranda picked up a large piece of glass and sliced his neck.He then walked to a car and smeared his blood on a window.

Miranda returned to the broken window, pried the screen off, and began pulling on the window blinds, according to the news release. The resident, who had armed himself with a gun and had his son call 911, yelled at Miranda to go away.

The off-duty CHP officer then yelled at Miranda, who turned his attention to the officer. Miranda walked toward the officer, yelling incomprehensible things.

The officer told Miranda to “get back,” “get down” and “drop the weapon,” according to the news release, while displaying his police badge.

The officer backed away, but Miranda continued to advance. Miranda was so close the officer tried to kick the glass out of his hand. Miranda continued to advance and placed his bloody hand on the officer’s shirt.

The officer then shot Miranda. Besides the shard of glass, Miranda had pruning shears in his hand. He had taken them from one of the homes.

In ruling the shooting was justified, District Attorney Birgit Fladager wrote: “It cannot be seriously doubted that any reasonable person would have been placed in fear based on Miranda’s behavior. The officer was not required to retreat, but did so, yet Miranda still advanced on him while armed.”

Authorities have declined to release the off-duty officer’s name, claiming to do so would put the officer at risk.

Miranda was a former Enochs High School wrestler. From all accounts, he had survived a difficult childhood and had been helped along the way by coaches, counselors and others.

The district attorney’s office still is reviewing three other officer-involved shootings in the past year.

This story was originally published February 16, 2012 at 6:54 PM with the headline "DA's office clears police in two fatal Modesto shootings."