The family of a man who brandished a gun in a confrontation with a San Bernardino Police Officer after a physical struggle and was shot and killed, has filed suit against the City.
Bryan McKenrick, a firearms and use of force instructor who reviewed the video for San Bernardino News Daily clearly felt the use of force was justified and that the officer even showed restraint.
The incident took place in the parking lot of the King Tut Liquor Store after 911 calls were made reporting the man, (Mark Bender) was “going crazy”, “has a gun”, “being drunk,” and is “jumping up and down on cars.”
“In my opinion use of force was justified for multiple reasons,” said McKenrick, “The officer arrives on scene after being told by dispatch there is a man with a gun who is intoxicated and acting erratically and sees a man at the scene fitting the description. Despite having a gun pointed at him by the officer the suspect refused to comply with the officers instructions. The weight on the right side of his shorts indicates a weapon. This officer then risks his own safety by holstering his weapon and chooses to try to physically subdue the suspect. Due to his size and strength of the suspect and possibly because of alcohol intoxication, the officer is physically unable to restrain the suspect and then he sees the weapon being drawn, and at that point, he retreats and responds with deadly force.”
Video of the incident shows Bender pulling a gun out and physically resisting the officer’s attempt to subdue him with great force, but the family’s attorney presented this as an attempt by Bender to drop the gun, not to attempt to shoot the officer.
McKenrick also stated in his opinion, that one likely reason the officer chose to engage the suspect rather than simply follow him is that there were other doors, businesses, a busy parking lot and if a shooting occurred under those conditions, would have endangered the lives of many others had it gone down that way.
According to previous news reports, an unregistered 9mm handgun was recovered at the scene.
Bender had a long criminal history stretching almost two decades. Previous arrests include: domestic violence, grand theft, possession of narcotics, possessions of narcotics for sale, possession of a firearm, felon in possession of a firearm, and receiving stolen property.
Bender, as a felon, was barred by California State Law from owning or possessing a firearm. It is unclear as of this reporting if he held any state license in security services or related.
If you wish to watch the body cam footage, visit https://www.youtube.com/watch?v=92Lk_THQ8xY. Content may be inappropriate for some viewers.