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Dyer Takes Witness Stand in Shooting Death Trial

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Fresno Police Chief Jerry Dyer took the witness stand Friday in the trial over a wrongful death lawsuit involving the Fresno Police Department.

The family of Steven Vargas is suing the city for wrongful death and negligence. In court, both sides have agreed that Vargas was high on PCP when Sergeant Mike Palomino shot and killed him in October of 2009.

On the witness stand Friday, Dyer answered questions about his department's policies regarding use of force and how officers are trained. Those policies and training are at the center of the lawsuit filed by Vargas' family.

"We are seeking to prove that the shooting of Steven Vargas was unjustified. And number two, we're seeking to demonstrate and I think we have demonstrated that the police officers of Fresno need more training," said Arturo Gonzalez, the plaintiff's attorney.

On the witness stand, Dyer said officers are taught that they should make attempts to be minimize force, and that firing a gun at someone should always be the officer's last resort.

Gonzalez later questioned why so few officers involved in shootings under Dyer's watch have been disciplined.

"If a police officer does something improper and there's no discipline then I think, you know, that you're not doing your job as a chief. You're not doing your job as the department," said Gonzalez.

Fresno City Manager Mark Scott plans to release a report on Monday that was written by former Fresno Police Auditor Eddie Aubrey. Gonzalez believes it could provide useful information to his case about officer-involved shootings.

Scott says he received the 74-page report in June and felt that it wasn't particularly readableThe report only addresses three completed shooting cases, he said.

"At no time has anyone ever attempted to change the recommendations or findings in the report. And I feel badly that people are wondering if the delay in getting it released was related to that. It has nothing to do with it," said Scott.  

Scott plans to release the report to the public on Monday without any edits.

Dyer resumes his testimony on Tuesday morning.


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