Two Stockton police officers opened fire after a suspect allegedly reversed his vehicle into a patrol car, setting off a tense confrontation on Palermo Street near East Alpine Avenue that ended with the man surrendering and no one struck by gunfire.
According to CBS News, Stockton police had responded to a report of a suspicious person when the encounter escalated. Police allege the suspect told officers he had a gun, then got back into his vehicle and reversed it into a patrol car. Two officers fired their weapons, but the gunfire did not hit the suspect, per the same report.
The suspect eventually surrendered and was identified by police as 42-year-old Billy Applegate III. He was booked into jail on suspicion of assault with a deadly weapon on officers, battery on officers, and DUI, the station notes.
Suspect Allegedly Resisted En Route to Hospital
Police said Applegate tried to kick and spit on officers while he was being taken to the hospital, the outlet reports.
What California Law Says About Officer Retreat
Under state law, officers are not required to retreat or abandon an arrest attempt simply because a suspect resists or threatens resistance, according to California Legislative Information's text of Assembly Bill 392. That same legislative material also addresses when a homicide committed by a peace officer may be considered justifiable, though it does not by itself determine whether the force used in this particular Stockton incident was lawful.
