Bradley: DPS regs give little specific guidance on the use of deadly force

The Department of Public Safety’s regulations provide little specific guidance on the use of deadly force and current self-defense law is focused upon the average citizen and does not recognize the more complex circumstances officers may face in defending themselves or a third party.

Chief Prosecutor John Bradley cited this weakness in CNMI law in concluding that police officers were justified in a hostage-taking incident in San Antonio last March 24 that ended with Gordon Castro and his girlfriend, Kisha Lyn M. King, dead. He said the officers were authorized by law to exercise deadly force by firing their weapons.

In his Thursday report to Attorney General Edward Manibusan about his independent investigation into the 38-hour hostage drama in San Antonio, Bradley recommended that DPS and the Legislature examine the laws and regulations regarding the use of deadly force and consider whether more specific laws should be passed to inform police officers of their duties in using deadly force.

He also recommended that the Legislature consider passing more restrictive laws regarding the release of repeat violent offenders on bond and probation. Furthermore, Bradley recommended that the Legislature should examine and reform the laws dealing with the commitment, supervision, and treatment of mental health patients.

“In responding to violent criminals, police officers face difficult decisions in the use of force,” he said.

Bradley said his review is not the final word on that subject; it is limited to examining the criminal responsibilities associated with the use of deadly force in this specific hostage drama case.

He said public discussion of these and related issues is healthy and necessary to maintain a balanced relationship between the community and law enforcement.

“The Office of the Attorney General stands ready to participate in that discussion and expresses great sympathy for all the persons involved in this tragic shooting incident, including the officers, both person who lost their lives, and their grieving families,” Bradley said.

In his report, Bradley said the gunshots that hit Castro in the head, chest, stomach, and between the chest and stomach, came from the officers.

As for King, he said the facts make it very likely that the gunshot to her chest came from Castro. Bradley said Dr. Philip Dauterman concluded that it was the chest wound that killed King. He said King was also shot in the left arm and left pelvis.

The hostage drama started on March 10, 2020, when the CNMI Drug Enforcement Task Force obtained a warrant for the arrest of Castro based upon information a day before (March 9) that Castro repeatedly discharged a gun from inside an occupied vehicle, shattering a window in the vehicle.