Was woman a threat when she was fatally shot by Stanislaus deputy? Officers there testify
Four people who were with Stanislaus County Sheriff’s Deputy Justin Wall when he fatally shot Evin Olsen Yadegar have testified about what happened that night, what they did and why, and how they felt.
The trial for Wall, who is charged with voluntary manslaughter in the February 2017 shooting, entered its second week on Tuesday.
The jury watched dashboard camera video of the incident in slow motion as the law enforcement officers described their actions.
Stanislaus County Deputy Taylor Knight was on the left rear side of Yadegar’s Volkswagen Jetta when she put it in reverse and backed up slightly. Knight can be seen in the video putting his left hand on the Jetta.
“I’m pushing myself back because I thought if I didn’t ... I’m going to get run over,” he said.
When questioned by the defense, Knight said he feared for his life. He said he didn’t fire at Yadegar because he was more concerned about getting out of the way of the vehicle. When asked whether he also was concerned about crossfire, shooting another officer, he agreed that he was.
Knight testified that when Yadegar’s vehicle began moving forward, away from him, he felt safe. He said hearing shots fired surprised him.
Wall fired four rounds into Yadegar’s vehicle as she was driving away from him and other law enforcement, hitting her in her back on the upper left side and her right lower forearm.
Wall’s attorney, Paul Goyette, said during open statements that Wall will testify he never perceived the Jetta moving forward and he fired because he feared for the safety of the the law enforcement officers to the rear of her vehicle.
Consistent with his training, Wall had his gun drawn to provide lethal coverage to Stanislaus Deputy Michael Victorino, who was holding onto his police dog, according to testimony. Wall and Victorino were positioned on the left side of the Jetta, near the driver’s door. Another deputy, who didn’t testify, also was there and used a baton to shatter the driver’s side window just as Yadegar backed up.
Stanislaus County Deputy Fernando Gomez can be seen in the video behind and to the left of Knight. He testified that, at the time, he perceived that he was closer to the rear of the vehicle. He said that when it backed up, he believes she was trying to strike him with his vehicle and he feared for his safety.
When questioned further by the prosecution, Gomez acknowledged that he previously testified during a preliminary hearing and told a defense investigator that he also thought Yadegar might have backed up in order to gain clearance to go around Wall’s patrol vehicle, which he’d parked in front of the Jetta.
Ripon police officer testifies
Ripon police Officer Richard Francis, whose patrol car dash camera captured the shooting, got out of his car and walked around the front, positioning himself on the right rear side of the Jetta.
Francis and other law enforcement officers who testified said there was no time to plan how they were going to handle the situation after Yadegar pulled over. However, Francis said, he wouldn’t have approached the vehicle.
Gomez also testified that on a typical felony car stop, law enforcement stays behind the suspect vehicle.
Francis testified he was shocked when Yadegar backed toward him. He said he only had time to retreat; he didn’t have time to draw and fire his weapon and couldn’t have anyway, due to crossfire.
On cross examination, one of Wall’s attorneys, Brett Sherman, asked Francis what he thought in those moments.
“I believe she was trying to run me over,” Francis said.
“And kill you?” Sherman asked.
“Yes, sir,” he replied.
The Highway 99 pursuit
The deputies and officer also testified about the pursuit from Salida to Ripon that led up to the shooting. Yadegar drove at speeds of 10-15 mph on surface streets and around 40 mph on Highway 99.
They said low-speed pursuits can be just as dangerous as high-speed pursuits because they could be an indication that the driver is under the influence, hiding or reaching for a weapon, or looking for a spot to run or trap law enforcement.
Knight was the second deputy to join the pursuit behind Gomez. He described seeing Yadegar during a brief moment in Salida. He said she looked directly at him with raised, balled fists; her mouth was open like she was yelling at him but he couldn’t hear her, Knight testified.
Gomez also said he saw Yadegar’s hands in fists and “convulsing.” At the time of the incident, he said on the radio that she might be having a seizure.
The events of that night started around 3 a.m. when a security guard at a hotel in Salida reported a physical confrontation with Yadegar, who had been staying at a different hotel nearby. A deputy saw her driving away from the hotel and followed her as she headed north on Highway 99. More deputies responded to the high speed pursuit as it moved off the highway and into Ripon, going south on Manley Road and stopping near Tornell Circle.
The prosecution rested its case Tuesday after testimony from the forensic pathologist who performed Yadegar’s autopsy. She said the fatal bullet entered her body from her back, fractured her shoulder blade, went through her left lung, her aorta and portions of her heart before stopping in her right lung.
Her vehicle continued slowly forward then accelerated and crashed into a house.
Testimony continues Wednesday with the defense presenting its case.
This story was originally published December 1, 2021 at 11:07 AM.
