(This updates our July 7 article)
While the lid remained tight on the facts surrounding the death of the owner of downtown Modesto’s Barking Dog Grill on February 26, 2017, publication of a leak a little more than a week ago about the actions of the Stanislaus County Deputy has been followed by voluntary manslaughter charges being filed against him.
Deputy Justin Wall will face the charges, the San Joaquin County District Attorney’s office said in a press release today (Monday July 16). That office also released about 3 minutes of car camera videos. Those videos confirmed an account of the shooting by the attorney for the family of Evin Yadegar. This account was attached to a procedural pleading in the wrongful death action which we uncovered and published, in part.
(Evin Olsen Yadegar was having a bi-polar episode; caused a disturbance at a Salida motel; was chased into Ripon where her car was boxed in by Stanislaus deputies and Ripon Police officers. She was then shot to death)
The law enforcement agencies; the Stanislaus County Sheriff’s Office, the Ripon Police Department, and the San Joaquin County District Attorney’s Office, all had refused to provide any records. Further, in a civil action filed by Mrs. Yadegar’s husband, Hanibal, and 10-year-old son, the parties have a “protective agreement” by which the parties are forbidden from disclosing any information.
But, In Exhibit 13 to a filing, in advance of a hearing June 21, Attorney Stewart Tabak says:
“The surprising senseless and impulsive fatal actions of Deputy Wall are clearly displayed in the video footage obtained by the car camera from the Ripon patrol vehicle which was stopped immediately behind the Yadegar vehicle; this video documentation is chilling is at least two respects:
- The shocking sight of Deputy Wall leaning forward and to his left—with his shooting arm fully extended—in an attempt to reach out and employ deadly force as Mrs. Yadegar started to slowly pull her vehicle forward (from Wall’s right-to-left) and away (emphasis in the original) from the various law enforcement officers whom were then present; and
- The visibly stunned reaction of the Ripon police officer (believed to be a sergeant with the department) who was standing near the right- rear of Evin’s vehicle when she was executed as she started to pull her vehicle forward and to the right.”
(This quote is from an email from Mr. Tabak to Robert Himelblau and Tori Verber of the San Joaquin County District Attorney’s office dated May 8, 2018, part of Exhibit 13 to the recent filing.)
Mr.Tabak’s email goes on to detail findings in the autopsy report which he says show that Evin was shot through the back of the left shoulder.
Deputy Wall is clearly seen in the video firing into Mrs. Yadegar’s car as it pulled forward and to the right, away from the gathered officers. Deputy Wall was beside the Yadegar vehicle and the video does not show him endangered by any movement of the vehicle. Some Ripon Police Officers were behind the vehicle as it moved rearwards a few feet before Mrs. Yadegar pulled her vehicle forward and to the right to avoid a patrol car partially blocking her car.
Deputy Wall, as he fired, had a clear view of Mrs. Yadegar in the driver’s seat only a few feet away.