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LAKEPORT >> Lake County District Attorney Don Anderson determined that Clearlake Police Officer Michael Dietricks action was justifiable when he shot and killed Joseph Melvin during a 2016 struggle.

Anderson based his decision on wounds suffered by the officer during the encounter. Citing the fact that Dietrick was losing consciousness due to a head injury and could rightly assume that he was in danger, Anderson found his decision to fire his weapon to be supported as justifiable homicide.

Joseph Melvins violent conduct and his ability to violently overpower the officer with such force and skill, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm, Anderson noted in his report.

The incident occurred on March 29, 2016, when Dietrick responded as a backup unit for CPD Officer Jessie Scott to an alarm at 3292 Park Street in Clearlake. While investigating the circumstances of the call,Dietrick encountered Melvin in a bushy area very near the residence .

When Dietrick approached, Melvin jumped up and attacked the officer. Melvin started to beat the officer with a steel 12 inch flashlight, causing Dietrick to suffer lacerations and abrasions to his forehead. At this point he started losing consciousness.

Reportedly fearing for his life, Dietrick, fired his weapon, striking Melvin four times. Melvin was pronounced dead at the scene.

The Lake County District Attorney Investigation Division conducted an independent investigation into the incident. Also, an internal investigation into the incident was conducted by the administration at Clear Lake Police Department.

Dietricks body camera recorded the events both audio and partial video. Witnesses were interviewed and the decision was also based upon a crime scene investigation and medical reports.

The investigation determined that Dietrick had drawn his weapon and ordered Melvin to put his hands out and lay on his stomach. As Dietrick notified dispatch that he had one at gunpoint Melvin began to retract his arms. Dietrick holstered his firearm and attempted to grab Melvins left arm. At this point Melvin lunged up and started attackingDietrick.

Dietrick reportedly drew his taser. but had difficulty deploying device.

Eventually Dietrick fired four rapid rounds from his Glock .40 cal. semi-automatic pistol into Melvin. Three rounds hit Melvin in the left side chest and one round on the left/front side of the neck.

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Melvin immediately fell to the ground ending the fight.

Melvin, age 46, was a long time residence of the Clearlake, last staying with his wife and friends on Fresno Street in Clearlake. He was a large man standing at 66 weighing 185 pounds with a lengthy history of criminal offenses, including crimes against police officers, thefts and possession of controlled substances.

At the time of the incident Melvin reportedly had a very high level of methamphetamine and amphetamine. He also had methamphetamines and a methamphetamine smoking pipe in his sock and pants pocket.

Such a high level of methamphetamine could have contributed to his violent reaction in this incident, Anderson noted in the report.

Officer Dietrick suffered a laceration on his forehead; a hematoma on the back of his head; a hematoma on the top right side of his head; and a hematoma on the left side of his head. There was a moderate amount of blood on his face that covered the front of his uniform chest and stomach. There was also blood on his radio and body cam.

A burglary investigation was conducted at 3292 Park Street by the Clearlake Police Department. Evidence at the scene indicated the suspect of the burglary entered the residence through a window and tripped the alarm system.

The suspect removed several items from within the residence which were later recovered in the red duffle bag at the shooting scene and in a pile across the street.

Melvins shoe prints were located at the burglary scene and also matched those leading to and around the shooting scene the stolen items.

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Officer cleared in death of Clearlake man - Record Bee