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Police Misconduct — Lethal Force on a Child

Spencer Carmen Mendez — Shot in the Back at 15

County: Stanislaus Severity: 8.5/10 Status: Settled — $2.1M Officer: Ross Bays (2nd fatal shooting in <1 year)

A 15-year-old boy fell out of a car during a police chase and ran through an orchard. Officer Ross Bays got out of his vehicle and within seconds, without any verbal warning, emptied his entire magazine into the teenager's back. An autopsy confirmed he was shot in the back. The DA ruled it justified. This was Officer Bays' second fatal shooting in less than a year.

15
Years Old
$2.1M
Settlement
0
Verbal Warnings Given
2nd
Fatal Shooting by Same Officer

What Happened

On August 18, 2018, Ceres Police Officer Ross Bays was chasing a black Lexus east of Ceres, responding to reports of someone brandishing a weapon at a local skate park. When the car stopped, 15-year-old Spencer Carmen Mendez fell out of the passenger side.

Mendez ran. He ran through an orchard. Away from the officer. Not toward him.

Officer Bays got out of his patrol car. He did not call out. He did not issue a single verbal command. He did not warn the boy to stop. Within seconds, he emptied his entire magazine at the running teenager.

The autopsy revealed Spencer was shot twice — once in the back and once in the upper right arm. He was running away when he was killed.

A gun was found at the scene, but it was over five feet from Spencer's body. The family's attorney argued: "You may only use lethal force when you are in fact threatened with grave bodily injury. Someone running away, even if armed, is not a threat."

Key Players

Ceres Police Officer
Ross Bays
Shot a 15-year-old in the back without any verbal warning. Emptied his entire magazine. This was his SECOND fatal shooting in less than one year. The Stanislaus County DA cleared him both times. Ceres paid $4.1 million total for both shootings.
Stanislaus County District Attorney
DA's Office
Ruled the shooting of a 15-year-old boy — shot in the back while running away — as "justified." Also cleared Bays in his first fatal shooting months earlier.

Timeline

Late 2017
Officer Ross Bays involved in first fatal shooting — cleared by DA
Aug 18, 2018
Spencer Mendez, 15, falls from car during chase. Runs through orchard. Bays exits vehicle.
Seconds later
Without any verbal warning, Bays empties his magazine. Spencer shot in the back and arm.
Aug 18, 2018
Spencer Carmen Mendez pronounced dead. He was 15 years old.
Dec 2019
Bodycam footage released showing no verbal commands before shooting
2019
Stanislaus County DA rules shooting "justified"
Oct 2019
$2.1 million settlement reached with Mendez family
Dec 2019
Ceres pays total of $4.1 million for both of Bays' fatal shootings

Outcome

DA Ruled "Justified"
$2.1 Million Settlement — $4.1M Total for Same Officer's Two Killings

A 15-year-old boy was shot in the back while running away. No warning was given. The officer who killed him had already killed someone else the same year. The DA called it justified. Taxpayers paid $4.1 million for one officer's two fatal shootings.

Why This Matters

Spencer Carmen Mendez was a child. He was 15 years old. He was running away — not toward the officer. The bodycam shows zero verbal commands before gunfire. The autopsy proves he was shot in the back.

The officer who killed him had already been involved in a fatal shooting. He was cleared both times. The system looked at a cop who killed two people in less than a year and said: justified.

Under Tennessee v. Garner (1985), an officer may not use deadly force against a fleeing suspect unless the suspect poses a significant threat of death or serious injury. A 15-year-old running through an orchard, shot in the back, is the textbook case the Supreme Court was trying to prevent.

Take Action

Demand Accountability

Stanislaus County DA: (209) 525-5550 — Ask why two fatal shootings by the same officer were both "justified"
Ceres City Council: (209) 538-5700 — Demand use-of-force policy reform
CA Attorney General: oag.ca.gov/contact

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