Modesto facing more public pressure to fire officer who killed unarmed man
The pressure continues to mount for the Modesto Police Department to fire officer Joseph Lamantia for fatally shooting an unarmed man in December.
About a dozen people spoke during public comment at Tuesday’s City Council meeting, calling for the firing, prosecution and conviction of Lamantia in the death of Trevor Seever, the 29-year-old Modesto resident Lamantia shot on the grounds of the Church of the Brethren.
This was the fourth fatal officer-involved shooting Lamantia has been involved in since 2010 as a member of the Police Department. The Stanislaus County District Attorney’s Office determined the previous shootings were justified, and the department determined they were within policy.
Lamantia has been on paid administrative leave since the Dec. 29 shooting while authorities investigate Seever’s death, according to the Police Department. Police have released Lamantia’s body camera footage of the shooting, and it has been widely viewed in the community.
The speakers at Tuesday’s council meeting included Seever’s mother, Darlene Ruiz, his brother, Kyle Seever, and two other family members.
“Trevor Seever was murdered by Joseph Lamantia,” Ruiz said. “This is his fourth killing. Trevor was unarmed, with his hands up. This was supposed to be a wellness check. Our family needed help. Trevor needed help. Trevor did not deserve to die. He wasn’t resisting. Trevor was not armed. He was not combative. The officer did not do his job. He did not follow protocol. He started shooting Trevor within nine seconds of getting out of his vehicle at over 175 feet.
“... This officer does not deserve to be an officer standing next to all the good men and women who do right by wearing the badge. ... It is our responsibility to ensure that officer Lamantia is not allowed to take another innocent life. ... Please stand with us, demanding justice and bringing peace back to our city and our family.”
Seever’s sister had called 911 on the morning of Dec. 29 and reported her brother had bought a gun the night before and texted their mother saying “that he’s walking over here and just to watch what happens to us,” according to a video report of the incident released by the Modesto Police Department.
The video report also stated Seever had recently posted threats against police officers on his Instagram account and police had issued an officer safety bulletin about Seever, which was reissued at the time of the 911 call. The bulletin stated that police had had numerous contacts with Seever while he was under the influence of alcohol and that he had been “violent, argumentative and uncooperative while drunk.”
Calls for civilian oversight of police
But Seever’s family has told The Bee that his sister told 911 dispatch they had never seen him with a gun, they called 911 to get help for him, a detective already had met with Seever regarding the social media threats, and police released an edited version of the events to the public.
Speakers at Tuesday’s council meeting said the public’s trust with the police has been ruptured and called for such reforms as an independent civilian review board. They were troubled that, based on his body camera footage, Lamantia’s response was to immediately start shooting, and he made no effort to de-escalate.
Ruiz said in an interview that she did not know the people who spoke to the City Council who were not family members. She said she plans to continue addressing the council until Lamantia is fired and prosecuted. (The DA’s Office, not the city, will decide whether Lamantia faces charges.)
Turlock Black Lives Matter and other local groups have held at least two demonstrations in Modesto on behalf of Trevor Seever and his family. Ruiz said another one is planned for Feb. 13.
“We will continue to be Trevor’s voice until the Modesto police and the city want to listen and put some legal action against Lamantia,” Ruiz said in the interview.
‘Swift, transparent and honest resolution’
Mayor Ted Brandvold and interim Police Chief Brandon Gillespie at Tuesday’s meeting expressed their deepest sympathy for Seever’s family.
“I look forward to a swift, transparent and honest resolution for the sake of Trevor Seever’s family, the community and our officers,” the mayor said, speaking on behalf of himself and the rest of the council.
Gillespie said he understands “it is beyond frustrating” for the family and community to wait while authorities investigate but said the matter is a top priority and authorities are moving as quickly as they can while remaining thorough and transparent.
The Police Department is conducting criminal and administrative investigations, and the DA’s Office is conducting its own review. Gillespie said he expects the administrative investigation to be wrapped up first, and the public can expect this matter to be “concluded in the near future and not months away.”
Based on the administrative investigation, the department will determine whether the shooting was within department policy. If it was not, then Lamantia could face discipline, including the loss of his job.
Lamantia has not responded to several requests for comment.
This story was originally published February 8, 2021 at 5:00 AM.
