PRESS RELEASE

Date: April 19, 2004

Case: People v. Wilson Debose, Jr.
Arden Fair Mall Shooting - 04F02978

Contact: Steve Grippi
Assistant Chief Deputy
Telephone:874-8927
591-3527

After a comprehensive review of the all of the evidence in this case, including statements from the parties involved, statements of independent witnesses to the event, and photographs taken from the security cameras at the mall, the District Attorney's Office has decided to go forward with the prosecution of one count of felony violation of Penal Code Section 12025(b)(6) (possession of a concealed firearm). The District Attorney's Office will not, however, proceed with the charge of assault with a deadly weapon under Penal Code 245.

On March 27, 2004, defendant, Wilson Debose, Jr. visited the Arden Fair Mall with his girlfriend and their young child, who was in a baby stroller. The defendant had concealed on his person a loaded semi-automatic handgun. On at least two occasions (perhaps more), the couple encountered a group of three young men. Antagonistic words were spoken between the defendant's girlfriend and one or more of the men in the other group. The evidence is conflicting as to who instigated these disputes. The defendant himself was not directly involved.

During the final encounter outside Champs, words were spoken again, and the defendant's girlfriend threw a cup of liquid at the group of three. One of them then slapped or punched her in the face. When the defendant stepped in to defend her the fight escalated. Debose was knocked to the ground and, according to several independent witnesses, was being beaten and kicked by all three of the young men in the other group. At that point Debose took out his gun and shot once, striking one of his opponents in the abdomen. The defendant and all three of his combatants ran from the scene.

The shooting victim was treated and will survive his wounds. The defendant eventually turned himself in to the Sacramento Police Department. As of this date the gun has not been located.

The issue is whether, under these specific facts, the defendant's use of deadly force was reasonable under the California law. The law permits use of a deadly weapon in self-defense when a person has a reasonable belief that he is in imminent danger of suffering great bodily injury or death at the hands of his attacker(s). The burden is on the prosecution to prove the absence of self-defense.

Under the particular facts of this case, in light of the events leading up to the shooting, the people involved, and fact that the defendant had been knocked to the ground and was being beaten and kicked by a group of three young men at the time he fired his weapon, it is our conclusion that People could not meet our burden of proving a lack of self-defense. Therefore the charge of 245(a)(2) will be dismissed due to insufficient evidence at the preliminary hearing scheduled for this afternoon at 1:30 pm in Department 4 of the Sacramento Superior Court.

The District Attorney's Office will pursue the charge possession of a concealed firearm under Penal Code section 12025(b)(6) against Debose. There is ample evidence that he was carrying a loaded and concealable firearm on his person that was it not registered to him. This crime can be charged as a felony or a misdemeanor. Under these particular circumstances, we have charged a felony. The charge carries a sentence range from probation to a maximum of 3 years in State Prison.

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