Vallejo police banned shooting at vehicles days after June shooting

VALLEJO – The Vallejo Police Department updated its policy to ban shooting at or from moving vehicles in most circumstances just three days after an officer shot and wounded a man who allegedly drove toward him with a car in June, according to police department records.

The department’s recently revised policy states that, “An officer shall not discharge a firearm at the operator or occupant of a moving vehicle unless the operator or occupant poses an immediate threat of death or serious bodily injury to the public or an officer by means other than the vehicle.”

The previous policy, which was written by police policy provider Lexipol, advised against shooting at moving vehicles, but did not outright forbid it in most circumstances, as the new policy does.

Police spokesperson Sgt. Rashad Hollis confirmed via email that the new policy took effect in July. According to the policy manual, it was distributed to officers for review before taking effect, who were required to acknowledge the revisions.

Neither Hollis nor interim police Chief Jason Ta responded to questions about whether Officer Brad Kim had reviewed or acknowledged the new policy before he shot and wounded Jamazea Kittell on June 27, when Kittell allegedly drove toward him in a silver Dodge Charger. The shooting does not appear to be allowed under the new policy.

Police allege Kittell was one of several people who committed a burglary at the Grand gas station at Springs Road and Hilton Avenue. Police radio broadcasts from that night indicate that the gas station’s owner watched four or five people enter the building on live surveillance video.

Dash cam video shows Kim arrive at the scene, get out of his patrol car and cross in front of a parked Dodge Charger with his gun pointed at the windshield. As Kim reached the driver’s side front corner, the vehicle moved forward and contacted Kim’s body, pushing him to the side. Kim fired at the driver of the car, later identified as Kittell, who was shot in the face.

Kittell drove away, crossed the street and crashed into a building. He left the car and fell to the ground, where Kim and another officer arrested him.

Kittell has since been released from the hospital and charged with attempted murder of a police officer, burglary and vehicle theft. He is next scheduled to appear in court on Tuesday for a preliminary hearing.

Vallejo police Lt. Robert Knight said during a town hall meeting last month that the Solano County Major Crimes Task Force, which is overseen by the Solano County District Attorney’s Office, is investigating whether Kim’s use of deadly force followed state law. The city has hired the Renne Public Law Group to investigate whether the shooting followed department policies. Kim’s actions will likely be evaluated under the previous policy.

The department has been working on revising its use of force policies for the last three years. The OIR Group – a Southern California firm that specializes in police use of force and reform – conducted an evaluation of the department in 2020 and drafted 45 recommendations for reform, including policy changes. Later, the state Department of Justice entered a collaborative reform agreement with the police department which required implementation of the 45 recommendations.

The policy changes regarding shooting at vehicles were introduced ahead of a community feedback session last year. The department has held additional feedback sessions for other proposed policy changes since then and conferred with the Vallejo Police Officers Association regarding the changes. It took more than a year for the policy changes to be implemented.

In addition to the shooting of Kittell, the new policy would also have prohibited the previous shooting by a Vallejo police officer, the fatal shooting of Sean Monterrosa in 2020, because it prohibits officers from shooting from moving vehicles. On June 2, 2020, Vallejo police Detective Jarrett Tonn fired five times through the windshield of an unmarked pickup truck as he and two other officers pulled into a Walgreens parking lot while responding to a burglary. Monterrosa, who was unarmed, was shot in the back of the head.

The department sought to fire Tonn for violations of its use of force policy, but an arbitrator overturned that decision last month. The arbitrator found that the shooting was reasonable under the circumstances because all three officers said they had perceived a deadly threat.

During the arbitration testimony, Vallejo police Lt. Shane Bower said that the department trains officers to shoot through their vehicle’s windshield using vehicles from tow yards. He said that firing through the windshield is sometimes “the most immediate and safest way” to address a threat rather than officers taking the time to stop the car, undo their seat belts and open the car doors.