A woman who a San Diego Police Officer shot at her East Village apartment while her family said she was in the midst of a mental health crisis was sentenced Thursday to probation with credit for time served.
Rosa Calva, 31, was originally charged with assault on an officer in connection with the May 23, 2020, shooting, which led to a federal lawsuit filed against the city that resulted in a $325,000 settlement for Calva.
Calva’s family and her attorney in the civil matter argued police should have de-escalated the situation by calling for a Psychiatric Emergency Response Team or a crisis negotiator due to her mental health concerns.
Police responded after receiving reports that Calva was throwing items out of the window of her fourth-floor apartment on Market Street.
She holed up in the bathroom inside her unit and did not respond to officers’ commands to surrender.
Officers used a tool to break open a hole in the wall of the bathroom door, then fired pepper balls through the hole.
Later, police attempted to send a police dog through the hole and when that was unsuccessful, an officer kicked the door down.
Video footage released by the department showed Calva holding a knife and being restrained by officers, one of whom was holding the wrist of her hand that gripped the blade.
At some point, Officer Andres Ruiz opened fire, striking Calva multiple times in her chest and abdomen. She then fell to the ground and was bitten in the arm by the police dog.
At the time, the police department said Calva punched and grabbed the police dog, then threatened the officers with the knife just before she was shot.
Calva was arrested and charged, but criminal proceedings in her case were suspended multiple times due to doubts over whether she was competent to stand trial. At one point, Calva was placed in a mental health diversion program that would have led to a dismissal of the charges upon completion of the program, but she did not successfully complete it, the San Diego Union-Tribune reported.
She ultimately pleaded guilty to a felony count of resisting arrest and was placed on probation, though the probationary period will expire on Friday.
Along with contentions of excessive force, Calva’s family and her attorney decried the amount of time it took for San Diego police to release body-worn camera footage of the shooting. The police department repeatedly cited exceptions to a state law requiring the release of footage within 45 days of an incident and released the footage more than two years after the shooting.
— City News Service
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