Judge will rule this summer in case against former Modesto officer charged in shooting
Former Modesto police Officer Joseph Lamantia will learn this summer if he will be held to answer on a charge of voluntary manslaughter for the December 2020 fatal shooting of Trevor Seever.
A preliminary hearing, in which a judge determines if there is probable cause to believe that a defendant committed the crime with which he is charged, concluded in Lamantia’s case Wednesday.
Typically, the prosecutor and the defense attorney give oral arguments before a judge issues a ruling in preliminary hearing. But Judge Carrie Stephens ordered the attorneys in Lamantia’s case to instead file written briefs in June. She will then make her ruling during a hearing scheduled for July 21.
Evidence in Lamantia’s preliminary hearing was heard over seven court dates, but the hearing started in November and was continued several times for scheduling conflicts and when Lamantia broke his foot while visiting family for Thanksgiving.
Lamantia fired seven rounds at an unarmed Seever on the grounds of the Church of the Brethren in west Modesto on the morning of Dec. 29, 2020. Three bullets struck Seever, including one in his back.
Lamantia was fired and charged with voluntary manslaughter three months later. He remains free on bail.
Lamantia was the first to arrive at the scene after Seever’s sister called 911 to report Seever had bought a gun the night before and “he’s walking over here and just to watch what happens to us.”
Seever’s family left the house and was at a different church down the street when the shooting occurred.
According to testimony at the hearing, Lamantia began firing at Seever within three seconds of seeing him running away in an alcove outside the church and within one second of giving the commands to “get on the ground.”
He fired a second volley of shots after an injured Seever failed to keep his hands up.
Lamantia told an Internal Affairs investigator who interviewed him after the shooting that he believed Seever was intent on killing his family so he had to stop him. Once he got to the church, he felt Seever was trying to ambush him.
A use-of-force expert who testified gave his opinion that, based on the totality of the circumstances, the shooting was reasonable because Lamantia believed he faced an imminent threat of death or injury.
Those circumstances include reports by Seever’s family that he said he had a gun, that the family fled its home as a result, and that Seever’s arms were not pumping in the normal fashion of someone who is running but rather were in front of him.
The circumstances also include Lamantia’s knowledge of an officer safety bulletin that said Seever previously had been uncooperative with law enforcement and had posted on social media, “A good cop is a dead cop” and “All I want for Christmas is another dead MPD Officer.”
The prosecutor in his line of questioning pointed out that Seever never made statements about personally shooting or ambushing an officer and that Lamantia knew Seever’s family was at a different location, away from Seever.
He also asked witnesses questions relating to why Lamantia didn’t wait for backup, use a nearby wall for cover or warn Seever he’d shoot if he did not comply with orders.
This story was originally published April 12, 2023 at 6:09 PM.
