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Calif. Cop Cleared In Gang Member's Shooting

March 22, 2013  | 

Protestors gathered in the Anaheim Police Department's lobby in July. Screenshot via CBS 2.
Protestors gathered in the Anaheim Police Department's lobby in July. Screenshot via CBS 2.

The Orange County (Calif.) District Attorney's Office declined to file charges against an Anaheim Police officer who fatally shot an unarmed gang member in July.

Officer Nick Bennallack will not face criminal charges in the shooting of Manuel Diaz, 25. The officer was on gang-enforcement patrol when he encountered a group of men. Diaz ran from the officers.

During a foot pursuit, Officer Bennallack fired two shots, hitting Diaz in the back of the head and in the right buttock, according to a report by District Attorney Tony Rackauckas.

The officers said they saw Diaz pull something from his waistband and turn. He was found unarmed with a cellphone. A drug pipe was also found at the scene.

The shooting triggered violent protests. More than 20 people were arrested as a crowd of 1,000 protesters clashed with police and damaged businesses in downtown Anaheim. Protestors also stormed police headquarters.

Read the report here.

Related:

Doing It Right, Doing It Wrong

Tags: Officers Exonerated, Anaheim (Calif.) PD


Comments (9)

Displaying 1 - 9 of 9

Rick @ 3/22/2013 6:18 PM

It's easy to judge if your not there,but I think the officer used good judgement given the fact most gang members are armed.

Bob@Az. @ 3/22/2013 8:27 PM

Good decision OCDA!! Wonder why we don't get protest like this when an LEO is shot by some pos? Blues, Stay Safe.

Hunter2020 @ 3/25/2013 3:40 AM

It is amazing as according Bob@Az. that we never seem to have the sheep protest the loss or wounding of a LEO only the incidences where a POS is lost or wounded! The individual always becomes posthumously... a FINE and OUTSTANDING member of society that the evil police killed for no reasion. There are rewards to being a sheepdog although sometimes you have to wonder.

krisnlc @ 3/25/2013 2:23 PM

Gang members do not respect anyone's rights, why should they have any.... all i can say is one less gang members makes society one less gang member safe.....as my friend Judd used to say... "place all the gang members in stadium, teach them to shoot and arm them...only the one that lives gets to walk out. then place that one in prison for murder.

Joe @ 3/27/2013 3:12 PM

What are you guys crying about? The relatively few protestors are nothing compared to the millions of cheerleaders who blindly believe and follow anything the cops say or do. Not to mention that you guys have the full force of the heavy handed government behind you.

I'm assuming from the comments that you guys would prefer to live in a police state, where the police can act as judge, jury, and executioner.

S.S. @ 3/28/2013 2:48 PM

Glad to hear about the officer. We've got a difficult job, and I'm sure this asshole had it coming regardless. So no big loss!!! As far as the people out there from the picture I see it's a lot of hispanics. I'm hispanic and proud of it. Believe me though that is the minority. When shit hits the fan they're just like anyone else...who do they call?.... POLICE.

Jim B. @ 3/29/2013 1:53 PM

I'm glad the officer has been cleared. The suspect acted in a manor suggesting he had a weapon and the officer acted to protect himself what what he reasonably believed was a lethal threat. The fact that it was determined after the fact to be a cell phone and not a gun is irrelevant. We as police officers understand that. It would be nice if the general public understood that as well but, sadly, many do not. I'm certainly not surprised that the bad guys fellow gang members and co-douche bags don't understand that.

However, I will stand up for society at large in response to Bob@AZ and Hunter2020. I don't know how many cop funerals you have attended but I have been to quite a few. At everyone I've been to I have seen members of the general public attending the ceremony, stopping and getting out of their cars as the motorcade passes, standing with signs and banners at freeway overpasses and showing their support in various other ways. Now of course you are not going to see the scumbags doing this but the general public will often take the time to pay their respects.

Remember the source when you hear people "mourning" the loss of some POS and railing against the police for their death. It's usually coming from friends and family of the deceased who are usually just as dirty as he was. What more would you expect from them?

Joe @ 3/29/2013 2:32 PM

Jim B.,

Are police abuses and brutality real actual things that exist? Or are they just imaginary concepts that some some members of the "POS" public have come up with over the years?

I my opinion, I don't think that you sound like material becoming of a public servant. Remember, if you are a cop, then you are a PUBLIC SERVANT. The "POS" public pays your salary. Your job is to enforce the law, no more, and no less. Your job is not to arbitrarily decide who is a "POS", and who isn't, and then make decisions on who's rights will be protected and who's will not be. The U.S. Constitution protects the rights of every "POS", and it's your job as a cop to ensure that it is not violated. What a concept, right?

Please explain why you should be allowed to continue to be a public servant, and how you will be able to do your effectively in the future, even though you hold these extreme views about members of the public have the audacity to petition the government for grievances.

Phlinak @ 4/2/2013 10:21 AM

@joe,

Why don't you just STFU and go away? Your comments are neither solicited nor appreciated on this forum. Go back to the ACLU forum or whatever POS forum agrees with you and encourages your crapulent descent into contemptous ignorance.

If one day, you decide to grow up, put down the bong and/or meth/crack pipe, get sober, take a shower, get an education and a job, move out of your parents' basement, and stop blaming society for your failures and shortcomings and join the rest of respectable society, then you are welcome to come back and engage in intelligent dialogue.

Until then, step off.

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