
From the DA’s Desk
By Robert Phillips, Deputy District Attorney (ret.)
The Law of Summary Judgments:
Deadly Force Used on a Mentally Disturbed Person Armed with a Knife
Use of a Taser in an Attempt to Subdue a Violent Person Armed with a Knife
The Reasonableness of Pre-Shooting Conduct and the Fourth Amendment
Failing to Warn a Person That She is About to be Tased
County of Nevada v. Superior Court (A.C., Real Party in Interest) (May 12, 2025) Cal.App.5th (2025 Cal.App. LEXIS 299)
Rule: An officer’s shooting and killing a mentally disturbed person who is actively threatening officers with a knife is lawful as a matter of law. Closing the distance between a mentally disturbed person who is actively threatening officers with a knife for the purpose of tasing her is lawful. Warning a person that she is about to be tased is not necessary where the circumstances make it impractical to do so.
Facts: In the early afternoon of February 4, 2021, the Nevada County Sheriff’s Department received several 911 calls from different people concerning a woman acting “really weird,” “really scared,” and appeared to be “not well,” as she walked along Alta Sierra Drive. The woman, later identified as Ariella Sage Crawford, had two small children with her (the ages of whom were never reported in this case decision, but who were old enough to walk along with Crawford on their own). One of the callers reported that Crawford was “out there alone in the cold with the two little kids,” had told others she was being followed and asked for a ride to “Nevada” (whether she meant the state or the county is unknown), telling the caller that someone was hurting her children. Two Nevada County deputy sheriffs responded to the area and found her with the children walking along a street that intersected with Alta Sierra Drive. Deputy #1 pulled up behind Crawford and got out of his patrol car, asking her if she would stop and talk with him. Crawford ignored him, continuing to walk away with the children in tow. Upon Deputy #2’s arrival, Deputy #1 followed ....