The Homicide Report

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The Homicide Report

Michael Nida, 31 [Update]

Oct. 25, 2011, 7:07 p.m.

Michael Nida, a 31-year-old Latino, was shot and killed by Downey police Saturday, Oct. 22, on Paramount Boulevard, south of Imperial Highway in Downey, according to Los Angeles County coroner's records.

Officers shot Nida about 7:20 p.m. after responding to a report of an armed robbery at a Bank of America branch and encountered a man matching the description of the alleged robber.

The officers detained Nida, but he escaped, running into the yard of a nearby house, Los Angeles County sheriff's officials said. Police surrounded the area but Nida ran again, stopping near the intersection of Imperial Highway and Paramount Boulevard, where police captured him again.

He escaped a second time, leading officers on a short foot pursuit. As officers chased Nida, he stopped and turned toward police "in an aggressive manner," sheriff's officials said. Fearing he was armed, officers fired five shots, striking him.

Paramedics rushed Nida to a nearby hospital, where he was later pronounced dead.

Sheriff's detectives, who are already investigating an Oct. 12 fatal shooting by Downey officers, did not find a weapon on Nida.

Family members say he was not involved in the robbery, but was rather buying gas with his wife when he was approached by officers as he crossed the street.

"They shot him two times in the back, once in the chest, once in the shoulder, once in the wrist — five times for a person who had no weapon," Nida's mother, Jean Thaxton, told KTLA.

Thaxton said she wants to know why officers did not use a Taser first.

Sheriff's homicide detectives are investigating the shooting. Sheriff's officials said they could not confirm reports that Nida was not the robbery suspect.

The officer who shot Nida has been placed on administrative leave.

Downey Police Chief Rick Esteves released a statement saying, "Our police department understands the loss of human life is extremely tragic under any circumstance. We sincerely offer our condolences to the family and friends of Mr. Nida."

[Updated March 2, 2012: Family wants justice for man fatally shot by Downey Police]

[Updated October 24, 2012: No charges against Downey officer who shot unarmed man, D.A. says]

-- Abby Sewell

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62 reader comments

What happenend to Michael Nida is very tragic. I'm sure he was a good person. I can tell by all the support he still gets at the intersection of Paramount and Imperial where he was shot and killed by Downey
PD. I don't know why you would try and escape the custody of the police if you know for a fact that you have done nothing wrong. When Michael made the poor decision to run, he was no longer a good person in the eyes of the law. That poor decision may have cost him his life. I work in a prison with a lot of convicts, and most of them are good people that have made poor decicions in life. They have friends and families that love them even if they are doing time. The difference is that these people didn't run from the law. If Michael Nida would have followed instructions from the police I strongly believe he would be alive today and with his family if he was truly innocent.

— what's right Aug. 15, 2012 at 11:23 a.m.

For so many years Downey Police has gotten away with unethical and criminal conduct. It is nothing new of Downey police officers shooting innocent people to death by "mistake" or by "hate".

For so many years Downey Police officers have been involved in cases of police brutality without ever been taken to justice. I know it first hand; I have been a resident of the city of Downey for 19 years. I was a victim of police brutality and “FALSE ACCUSATIONS” by those officers in the year 1996. By that time, I was a successful accountant, married and father of a young man (20) and a young lady (18), both going to college. No criminal record. Such incident affected my career and my life was never the same.

Today, I am a retired senior, grandfather of three, still with no criminal record, and always praying that my son, my daughter, my in-laws and my grandkids will never have to encounter any Downey Police officer, even for a good cause; with those guys you never know: some of them are racist others are mentally unstable or “Mafiosos”.

What good is it that we, in the US, heavily criticize and fight governments of countries that abuse or deny their citizens of their human and civil rights when we are doing exactly the same or even worst by letting uneducated, untrained and not fully scanned people who may have dark motivations to become police officers, only to cowardly shoot in the back at brown and black people running away, or beating them while they are handcuffed, or issuing traffic citations for DWB or DWM?

We all know what’s going on in Downey. Home owners in that city, the majority of them white Anglos, feel invaded and threatened by people of other ethnicities, Latinos in particular. Like criminal organization (mafia) they make use of their influences and economical power to smash with sheer force, even if lethal, any misconduct or mistakes by Mexicans or Latinos residents.

Perhaps we need to get help from ACLU or go to the U.S. Commission on Civil Rights up in Washington DC to demand a probe by the FBI onto Downey Police Department.

Somebody must stop the police brutality and killings by the officers of the Downey Police Department. We have seen too much already.

— Tony Brown Jan. 29, 2012 at 2:47 a.m.

First I pray that the Nida Family be comforted during this time and that they will look to Jesus Christ for strength. Secondly, am I the only one that finds it strange that Michael supposedly escaped from them twice. That does not even ring true. I know the original news cast said he was at a gas station with his wife and ran across the street to the smoke shop. Is that when he was shot in the back. It does not add up. The police supposedly had him twice yet they did not handcuff him the second time he was in their custody. Mr. Nida eluded them twice, were talking about the police, it does not add up. Also it was reported by the news last week that Mr. Nida was not the robber and that the police made a mistake. I don't think it matters now that the police stated they made a mistake, that mistake caused Mr. Nida his life. Again Peace to the Family

— Sheba Nov. 18, 2011 at 10:34 p.m.

I understand a man lost his life and the children lost their father. This is one of those times where nobody wins and i find it disgusting that people are out there referring to financial gain for his death??? Really??? People are far from perfect, mistakes were made on both ends. Michael's behavior and his actions put the Officers in a difficult place and i can agree that maybe more training/education can help produce a better outcome in the future. Again we do not know the full true story, we do not know what words or expressions were exchanged, we do not know why Michael choose to run, and not one of us knows what we would have done faced with the same situation but i pray for his children, and for the Officer's family, and all the angry, grieving people looking for somewhere to place blame- i understand your pain but promoting hate will not bring back this man and makes you a hypocrite. There are very bad people in this world that deserve your hate & anger but not the whole Downey PD.

— Always.More.to.the.Story Nov. 17, 2011 at 11:56 a.m.

To play the devil's advocate, i was not there, i can not say what i would have done and my heart brakes for the kids, especially because i know the pain of loosing loved ones at the hands of another. I wish the outcome would have been different. I wish Michael would not have ran. I just feel it is wrong to attack innocent people, whether it be random people on the street or a whole police department. What would you have done? Based only on the information given to me so far, if i were in the same situation, i believe i would have truly feared for my life, the lives of my fellow officers, and the numerous innocent lives in that neighborhood that night and i would have done whatever i needed to do to try to protect myself and the others...? I can't say there is any correct action one way or another being put in an impossible situation you go into fight or flight mode right? The Officers knew someone had been robbed by dangerous people, Michael matched the description, they tried to speak with him to clear him, he ran, they never checked him for weapons, so for all they knew this was their guy? Or at least one of them, so they are probably thinking he is armed and dangerous otherwise WHY WOULD HE RUN ? I am being honest, it's what i would be thinking?

— Always.More.to.the.Story Nov. 17, 2011 at 11:40 a.m.

Try to put yourself in the Officer's place... i do not believe for a second he woke up that morning thinking today i plan to kill somebody, but i am sure he knew in his heart and soul that there is a real possibility he may not return home to his loved ones alive. These brave men and women go to work each day and put their lives on the line and in that moment i feel this Officer feared for his life and why is his safety, his life worth any less than Michael Nida's. I think he had a split second decision to make and he has to live with it but had he been the person they were looking for, armed and dangerous, turned and opened fire killing 2, 3, maybe 6 innocent people this Officer would have been a hero for stopping him right? Trust that the Officer had no way of knowing who this man was and Michael's very own actions and behavior prevented the police from investigating to clear him. I know if a crime had been committed against myself or one of my loved ones i would expect the Police to find the person responisible- PERIOD. These Officers were working an investigation, TRYING TO DO THEIR JOB and the results may have been completly different if Michael would not have ran twice, we will never know.

— Always.More.to.the.Story Nov. 17, 2011 at 11:21 a.m.

This is such a difficult situation. What everyone needs to remember is you have no idea how you would have reacted in the same situation. Police Officers are for the most part a special breed, they run toward the danger when most, if not all, would run away. To clump a whole police department together as "bad" - "evil" - "wrong" makes you no better then what you are trying to say they do...which is judge innocent people right? If you do not know every single person on the Downey PD how can you be any better of a character judge then they are when they are face to face with someone who ran twice and they have no idea if he is armed or not yet? Who are you, who are we to judge? If someone was trying to rape or kill your son or mother or grandmother would you dare complain about the amount of lethal force used? I have put myself in both sides of this and yes mistakes were made but i believe people are hurting so naturally they are looking for somewhere to put blame to make it easier to cope.

— Always.More.to.the.Story Nov. 17, 2011 at 11:07 a.m.

LET me say first of all I whole heartly support POLICE they have a tough job BUT - LOOKING AT THE "FACTS" LET'S EXPLORE THE DETAILS. The police had Michael in their possession (2) two times and they didn't search him? WOW! Were they not concerned that he might have a weapon? Did they not worry about a "so called aggressive act"? They didn't hand cuff him the first time but after he ran away WHY didn't they hand cuff him when they caught him the second time? And oh yes, The officers carry guns as we all know, Their hand gun wasn't good enough to subdue a so called suspected CRIMINAL who obviously WASN'T armed? They had to RUN to their squad car and get a machine gun? WOW. Did anybody ever take into consideration that the two times Michael was in "custody" (supposedly armed and threatening)that the officers might have been talking smack either to where Michael could hear or straight at him and maybe he thought that they were going to make an example of him and that is why he ran again. He wasn't wanted, he wasn't guilty of anything, and he wasn't African American,(who by the way were the described men the officers were suppossed to be looking for)can you think of a better reason for running away from the police if he didn't feel threatened? The papers stated that in ALL of the DOWNEY OFFICER INVOLVED SHOOTINGS the officers have been cleared but a machine gun shooting of a man that the OFFICERS obviously KNEW was UNARMED, HOW can this officer or any of the officers be cleared. Are they going to say that their taser gun wasn't working so THEY HAD TO USE A MACHINE GUN? WOW! Police are supposed to be our protectors and they are but when they have a ROTTEN COP they need to take care of the problem and defend the victims. Downey get ready to pay out on this one!!!!!!!

— Lee Nov. 14, 2011 at 1:21 p.m.

I am not against the police. Despite years of experiencing and witnessing police misconduct, I have faith in the greater good of humanity. I believe that there are officers out there who are committed to protecting and serving all people despite who they are and and where they are from or what they look like. I have to believe that this is the case, because everything I have done to provide my children with a better life than I ever had will be for nothing if they have to fear the police the same why I was conditioned to. I need to know that my children will be able to look up to police officers as heroes and not rapists, attackers, and killers. I need to know that my daughter will never have to be verbally or sexually abused by some pervert hiding behind a badge, or that my sons will never have to peel themselves off of the hood of a car or the floor because someone says they "looked suspicious." I regret having never spoke out before, but the times I tried, I was discouraged because the officers told me no one would believe me, and they were right... reading the feed of comments on all of the articles on Michael Nida's case indicates that is so. People who have had the privilege of having their rights honored find it hard to believe there is injustice out there. I know in my heart that there are good police officers who have witnessed the same things I have and probably haven't been able to find the strength to blow the whistle and come forward. I know that there are true heroes out there with integrity and compassion and genuine concern for the community, and I hope that these people are the ones that will be in charge when my children are teenagers out there in the real world, vulnerable to the misconduct of those in authority.

I am against racial profiling and police misconduct, harassment, and brutality. I am against bigotry, hatred, and falsification of the truth. I am fighting for an ethical and thorough investigation, better police training, and the conviction of the officer who shot Michael Nida for the crime committed. I am fighting for a more empathetic police force, that abides by laws, acts with integrity, and adheres to a code of morals and ethics. I am fighting for justice for Michael Nida, and all those who have ever had the burden of fearing those in authority. I am fighting for his children, and for mine. Let ours be the last generation that ever has to look over our shoulders, not for the common criminal, but for a person with a badge.

To those that still don't believe that any of us could've ever been abused at the hands of an officer, I envy you. These experiences are more of a burden than anything.

— Lima Harris Nov. 13, 2011 at 5:57 p.m.

I know what it is like to fear for my life in the dark of night on the side of a deserted road, begging to be let go. I know what it is like to see my husband time and time again pulled over for a "broken taillight" that miraculously fixes itself EVERY time the officers pull away laughing. I know what it is like to beg and officer to leave him alone, to leave us alone, and have them later tell me that the "CA EXEMPT" on their license plates stands for "I can do whatever the F*** I want!" I have been called degrading names such as "Little B****," "Big T***y B****," and "N***** Lover." How could I not be scared of a black and white car with sirens? How could I not fear any interaction with a police officer after what I have been through? How could I not understand why Michael Nida ran? If he had committed a crime, he would've understood why he was being apprehended. But imagine his surprise when he suddenly was being pursued by officers in the dark of night? What if it was for sport? What if they were playing a malicious game, much like the games we have experienced time and time again where the officer wins and we always lose? Maybe he was trying to run to save his life. Maybe he was trying to run somewhere where he would be safe. Maybe he was trying to run where the majority of the people would be civilian witnesses and not corrupt officers of the law. Maybe he just wanted to get back to his wife, who was waiting for him in the car so that they could celebrate his 32nd birthday together, as they were out on a date and had only stopped for gas and cigarettes.

— Lima Harris Nov. 13, 2011 at 5:55 p.m.

This story didn't have to end as tragic. If it had been handled differently, and Michael Nida had survived, it could've simply been added to the collection of stories of police harassment that he already had experienced throughout his lifetime.

People of our generation who have grown up as black, brown, or mixed children know what it is like to be wronged by the police, even when innocent. I have no sympathy for criminals who break the law and then end up in jail. They deserve to be fairly prosecuted to the full extent of the law. What I cannot tolerate is when good people have to fear those that are supposed to protect and serve us because of what has happened to us over and over again. People question why Michael Nida would run. How fortunate are these people to have no idea what it is like to fear for your life at the hand of an officer. How fortunate are they to have had the blessing of being able to look at those with badges with honor and admiration. How fortunate are they to have never had to call 911, praying that once the officers arrived, it would be a different story, that they would be sympathetic and compassionate this one time, only to be laughed at, humiliated, and abused in a time of desperate need.

I am not a bad person. I always excelled in school, and was enrolled in Honors programs. I played the flute, violin, piano, and electric bass for school orchestras and bands, and even had the honor of playing for All-City orchestras every year, as well as the Southern California Honors orchestra. I participated in extra-curricular activities such as Polynesian Dance Club and volunteer organizations, through which I was able to serve my community by feeding the homeless, participating in beach and neighborhood clean ups, and facilitate youth activities for at-risk children in need of mentorship and guidance. I stayed out of trouble, despite the prevalence of gang activity and violence in my community. I made the right choices so that I could graduate from the PACE Program at LB Poly with Honors and go straight to the University of California Irvine where I earned a BA in English with minors in Education and African American Studies. I got married to my high school sweetheart, bought a house, and began to raise a family. I am 30 years old, and my husband and I are the proud parents of a 5-year old daughter and two 4-year old boys. He is a successful professional, and I have been teaching for 7 years. We are good people, but the fact that I am half Samoan and half Hispanic, and the fact that he is half black and half Mexican, have made our efforts to stay out of trouble futile in our attempts to avoid negative attention from the police. We have experienced and witnessed police misconduct our entire lives, so the statement that only the guilty run, is inaccurate.

— Lima Harris Nov. 13, 2011 at 5:53 p.m.

Fact: Michael Nida was not the bank robber. Evidence: The robbery suspects were two black males dressed in black hoodies and blue shorts. Truth: Michael Nida was wearing a striped shirt and pants. He is also half white and half Puerto Rican.

Fact: Michael Nida was killed by an MP5 machine gun. Despite the police department's denial that he was shot in the back, the coroner's report and corresponding diagrams contradict that statement. Evidence: The coroner's report shows that four wounds were sustained from 3 rounds. Two entry wounds were found in his back and one on his side. Truth: Despite the claim that the police department shot him as he aggressively approached them, he was actually shot as he ran from them.

Fact: The officer's use of lethal force demonstrates lack of proper training and judgment. Evidence: Shots fired from a machine gun prove that the officer intended to kill and not to stop Michael from running. Truth: An officer intending to stop a fleeing suspect could've used non-lethal methods, such as tasers, bean bags, or rubber bullets. Even if the use of a gun was warranted, the use of a handgun could've given Michael Nida the chance to survive the shooting. If he posed such a threat, why wasn't he handcuffed and searched to begin with?

— Lima Harris Nov. 13, 2011 at 5:51 p.m.

This man wasn't guilty of robbing a bank, the police chief openly admitted this...false imprisonment is a felony. The downey officers commited at least 2 crimes here. The first is false imprisonment we are all protected from false imprisonment by the constitution thus if police think you robbed a bank they have to be sure of this before detaining you...if you did not commit the crime it is your constitutional right to flee. If you are murdered while trying to follow your constitutional right to leave..this would be a act of murder by the downey pd. The elements of a unjustified murder have been met by the officers who willingly commited this execution style murder. Common feds get another easy prosecution of bad cops. This one is a slam dunk!

— rick Nov. 13, 2011 at 12:04 a.m.

First of all, RIP Michael Nida. My condolences to his friends and family. I couldn't imagine having to cope with the aftermath of such a tragic event.

The rules in life dealing with the police are simple. Follow their commands. Whether it be, "pull your vehicle over", "drop your weapon", "put your hands on the car" or, "stop running", they HAVE TO BE ADHERED TO!

These guys are in no postion to make the determination as to whether the person is a law abiding citizen/family man who wouldn't hurt anyone, or someone looking to hurt innocent people. Which is why the rules are in place to apprehend the suspect with any necessary force then make the determination once he is no longer a threat.

This argument will go on forever and will never be resolved, so the best way to avoid any conflict is to listen to the officer. If you have no reason to run, then don't run.

For those unclear on the 12' Kill Zone, Google "The Tueller Drill" for a better understanding. Officers are ordered to shoot in center mass or shoot to kill, bottom line. There are hundreds if not thousands of case studies as to why this rule is put in place.

Sorry for your loss.

— mightymike33tm3 Nov. 3, 2011 at 1:48 p.m.

@ Disgusted

No where in this article does it say that the victim was a criminal. It states that he "matched the description" of a bank robber. It does state that he did run. But the reason why he ran is something only he will know. He was unarmed, did not have anything on him that was a threat to the police other than looking at them in an "agressive manner". That does not give them the right to KILL the man by shooting him 5 TIMES. That's 5 shots that rang off...(thank God no one else was struck by the numerous bullets). I definitely support the local authority, however, I REFUSE to support the authority when tactics like this are used. Regardless of what the person is guilty for, you have to remember, police officers are supposed to serve and protect. And by protect, they are to protect citizens and criminals alike. I don't think that shooting a man to kill him is protection. The police have MANY other means to subdue a perp/ suspect. At least that's what i thought my tax dollars were going towards? There are plenty of NON LETHAL methods to gain custody. (bean bags, spray, tazer, shot in the foot/ leg, etc.) I'm sorry, but this is too far.

— Not Cool Nov. 3, 2011 at 12:23 p.m.

Innocent people don't run from the police. Him running does not justify being shot five times but something needs to be done to these people before they hurt again.....I am sure these CRIMINALS do not think twice when they are robbing our homes, doing their drive by or rapping our women. We all choose our own path and unfortunately for Michael's family he choose a path of crime. When you choose that kind of life you can't be surprised of the outcome whether it's death or prison. It's sad for the family who lost their love one because I am sure before becoming a criminal he was a sweet little boy, but when a drunk dies from liver failure or a junky dies from an overdose does that surprise you, no. Then a criminal ending up in prison or dead shouldn't surprise you either. Police are out there doing their jobs and if I had a loved one who was in law enforcement and the end result of his or her day was them coming home safe or another criminal walking the streets, well I think I know what I would choose. We all need to start being behind our law enforcement because there is going to be that one day where you need them and they will be no where to be found because the people gave up on them.

— Disgusted Nov. 3, 2011 at 12:15 a.m.

As a resident of the city of Downey I must say that I love the ethnic diversity, class and socio-economic differences which exist here. I believe it is what make a city like Downey, Cerritos, Whittier what they are. However, the problem I have is that the city officials continue to believe that Downey must remain a "traditional" mainly Anglo-white Mayberry. There inability to see past that is what hinders the city officials as well as the police department. The Downey PD like many other poorly ran PDs have an influx of white cops or "white-washed" cops that seem to get extremely intimidated by the sight of a goatee and shaved head. I have seen it first hand and way to many times. Usually it is harassment or racial profiling that gets these issues started. I don’t know if it is the cops memories from high school when they were getting punked for there lunch money by the neighborhood thug or its there inability to recognize that shaved heads are now actually a fashion. I have to say that as a 15 year resident, I have seen the "Shoot -first ask questions later" Downey Police Department harass, beat and even over exert there authority to many times. Again, I love the city, what it stands for but please Downey PD-13 "gang" invests in some training, cultural diversity classes, counseling for your officers who are afraid of the streets. Again I am in no way dismissing the fact that Mr. Nida should have remained put and followed instruction. However, as a mid 30s well educated Latino in Downey I have been harassed, suspected and mistreated by the Downey PD-13 on several occasions as well. It does concern my greatly being that on weekends I “take off the tie” and in the back of my mind I hope that wearing my baseball cap with my goatee doesn’t make me a target by the “Varrio Downey PD 13”.
Now more than ever as the city is becoming a viable economic stop for many in the south east L.A region, city officials we must do something to stop the cowards that hide behind there badges.
Again just my opinion and beleive there is a lot of work to be done in this PD.

— re@l Sp1t Oct. 31, 2011 at 10:05 a.m.

Angel, i am deeply sorry for your loss and to the entire family my heart and prayers go out to you.I do not know Michael but i work in downey and was shocked when i found out the news.I do not live in downey but even where i reside the cops are evil.My husband and i take daily walks and one day a cop drove up next to us, made up a lie said that he saw my husband hit me and it seemed like we were fighting!!! I was like wow, some story, funny because we were having a nice walk discussing a happy conversation.They lie and do anything to get at you! It pisses me off that they have the nerve to dick around and make any excuse to get at people! I am a mother and this is what i have to worry about, our own police saposed to protect and serve, they only cause harm and dont give a crap about us! What happened to stun guns and things like that, i saw one comment on this site from an officer stating that they are ONLY trained to kill!!! BS, i hope these evil people get whats coming and God Bless Michael and family!

— CaringOne Oct. 28, 2011 at 7:51 a.m.