Eureka Officer Cleared by Coroner’s Request

On December 26, 1999, at approximately 8 p.m., Eureka Police Department dispatch received a 911 call of a possible burglary at a residence on W. Russ Street in Eureka, a residence occupied by a husband and wife in their mid-70s. Sergeant Zanotti responded to the dispatch from the street, and Officers Brian Franco (primary) and Mark Victors (back-up) responded from the police department.

When Franco and Victors arrived, Zanotti was out on the corner by the residence with a witness. Victors pulled up to Zanotti, asked in what direction the suspect had gone, and was told that the suspect had gone down one block and turned left on Spring Street.

Victors advised that he would check out the area. There was no description of the suspect, other than he was a white male with a dark jacket. As Victors turned left on Spring Street, he saw an individual wearing a denim jacket walking briskly from Spring Street onto the parking lot area of WinCo (like Price Club/Costco), an area only one and a half blocks from the possible burglary residence.

This subject had a baseball cap on, head down, and was busy stuffing something under his jacket. By the pace of his walk and the fact that he passed both the exit and entrance doors of WinCo as Victors were following slowly in his patrol vehicle, it appeared this individual had no intention of shopping at WinCo or any other reason for being in this area.

As Victors eased his patrol car behind the suspect, “Johannsen” took his baseball-type hat off, tried to stuff it in his coat, looked at Victor’s patrol vehicle, put his hat back on, placed his head down and kept walking at a brisk pace. Victors stopped his patrol vehicle, stepped out and called to Johannsen, who turned, looked back at Victor’s, turned back and kept walking.

Johannsen was, at this point, on parole from San Quentin, where he had served time for an earlier violation of Penal Code §246 (shooting into an inhabited building) a conviction which resulted from him shooting at and into the Eureka Police Department. Johannsen had failed a drug test and was wanted on a parole warrant, had eluded police on an earlier car stop, and was considered armed and very dangerous.

The Eureka Police Department had issued numerous Briefing Bulletins (shown and read to officers at the briefing) over the prior 45 days, describing Johannsen. Johannsen was also an accomplished car thief.

Victors then got out of his vehicle and walked in the same direction as Johannsen, calling out to him to stop. Johannsen stopped, turned to face Victors, and was holding what appeared to be a wallet in front of him. Victors asked Johannsen where he was coming from, and if he had any identification.

Johannsen reached to his wallet, pulled out a white card, looked at it, put it back in the wallet, and told Victors that he did not have any I.D. Victors knew, from seeing Johannsen’s face, that Johannsen was wanted, but could not specifically identify him. Because of the attempted burglary one and a half blocks away, and Johannsen’s suspicious behavior, as well as the fact he was wanted for something, Victors attempted to detain Johannsen by grabbing his wrist and elbow to place him in a control hold in order to handcuff him. Johannsen broke free and ran.

As Johannsen ran, Victors radioed for help and began chasing Johannsen, yelling at him to stop. Johannsen took a few more steps, stopped, turned directly toward Victors, put his hands up in a fighting stance and began to advance on Victors stating, “Okay, it’s me and you.

Let’s go for it.” Victors swung once with his nunchucks, striking Johannsen on the left bicep. Unfazed, Johannsen reached out, grabbed Victors by his shirt/jacket, ripping the shirt open, pulled Victors toward him and began pummeling Victors with his fist stating, “I’m going to kill you,” several times while striking Victors in the head and face.

As Johannsen was holding on to Victors and punching him, he pushed Victors backward in an attempt to get Victors to lose his balance.

Victors used one hand to try and break free from Johannsen’s grip while using the other hand to attempt to deflect Johannsen’s punches. Victors, at 145 pounds, was no physical match for Johannsen, at 190 pounds. Victors attempted to reach to his left side of his duty belt with his right hand to try and get out his asp or mace, or press the “alert” button on his portable radio, all to no avail, as he was being continually punched by Johannsen.

Finally, Victors pulled out his duty weapon, made one last attempt to break Johannsen’s grip on him and to disengage and, that failing, shot one shot, hitting Johannsen in the right-center chest area. Johannsen disengaged and fell to the ground.

Victors immediately notified dispatch of “shots fired, one down,” and the need for medical assistance for Johannsen. Franco arrived from the burglary scene a few blocks away and immediately recognized Johannsen as the parole violator. He asked Johannsen if he had any weapons, and was able to locate on Johannsen an unzipped fanny pack on Johannsen’s right hip, containing a .357 magnum pistol, fully loaded with hydro shock bullets.

Despite immediate medical assistance, Johannsen died in surgery due to the loss of blood. With the assistance of a representative, Chris Darker, of Redding, Victors fully complied with his Lybarger obligations but invoked his right not to talk to the district attorney’s representative or the Critical Incident Investigation Team.

District Attorney Terry Farmer, apparently displeased with Victor’s decision to invoke his constitutional rights, told Coroner Frank J. Jager, to hold a Coroner’s Inquest. Jager hired Robert (“Bob”) Hicock to conduct the two-day, 35 witness proceeding, which took place on March 6 and 7, 2000, in Eureka. Victors, then represented by William R. Rapoport, of San Mateo, a Legal Defense Fund panel attorney, voluntarily testified for over an hour near the end of the Inquest.

After 45 minutes of deliberation, the Inquest returned the only verdict possible under the circumstances, i.e., “this death to have occurred at the hands of another other than by accident,” but went beyond their sworn duty, and also included in their findings that, “we further recommend this to have occurred as an act of self-defense.”

Victors were returned to duty a week after the incident and remain on patrol duty for the Eureka Police Department.