Mental Health Crisis Leads to Deadly Shooting: Legal Analysis by Andy Marcantel and Emma Wittmann
Featuring Attorneys Andrew Marcantel and Emma Wittmann
October 25, 2024
The police shooting of 25-year-old Victoria Lee in Fort Lee, New Jersey, on July 28, 2024, has sparked widespread controversy. The incident began with a 911 call for mental health assistance. The call was placed by Ms. Lee’s brother, who reported that Ms. Lee was experiencing a mental health crisis related to her bipolar disorder. According to reports, Ms. Lee was holding a knife at the time of the call. Her brother later made a second call to 911, informing dispatchers that the situation was under control.
Despite the brother’s second call, police responded to the scene, and moments later, Ms. Lee was fatally shot. The central question dominating public discourse is whether the use of deadly force by police was justified. Criminal defense attorneys Andrew C. Marcantel and Emma Wittmann provide a legal analysis, exploring what actions were legally permissible and what actions could have prevented the outcome.
At the Scene
Video footage shows a police officer arriving at Ms. Lee’s home and attempting to enter, but no one opens the door. Her brother soon exited to speak with the officer. Inside, Ms. Lee is seen behind her mother, holding a knife. Ms. Lee then closed and locked the door. Additional officers arrived shortly after. After repeated requests to open the door, one officer threatened to break down the door. Ms. Lee responded, “Go ahead, I’ll stab you in your neck. Shoot me if you want.” When the officers broke in, Ms. Lee lunged at them with a knife and a water jug. One officer fired a single shot, killing her.
Public Perception Versus Legal Framework
The attorneys answer two questions:
- Why did 911 dispatch police after Ms. Lee’s brother called to say the situation was under control?
- Why did the officers choose not to utilize non-lethal force, considering Ms. Lee’s mental health condition?
The attorneys explain that police are legally allowed to conduct welfare checks, especially when there are signs of danger during a mental health crisis. The legality of the shooting depends on what the officer reasonably believed at the time. In this case, Ms. Lee was reportedly holding a knife, threatening her mother, and appeared to lunge at one officer. All these factors may have led police to believe there was an imminent threat. In the video, we see the police have a conversation about who would use lethal or non-lethal force during the entry. But the officer did not get a chance to use non-lethal force, given the circumstances.
New Jersey’s 2020 law enforcement directives emphasize de-escalation and using force only as a last resort in mental health situations. However, these are policy guidelines, not laws. Violations may result in disciplinary action, but not necessarily criminal charges.
“Once again, with the reasonable mistake of fact doctrine here, what would a reasonable person in the officer’s shoes who fired that shot, what would he think? The answer here seems pretty clear to me.”
– Attorney Marcantel
Potential Legal Outcomes
Ms. Lee’s mother was inside the apartment when officers saw Ms. Lee holding a knife, which could reasonably be perceived as a hostage situation. Delaying action may have endangered the mother, making the shooting legally justified under self-defense principles due to the perceived threat.
Nevertheless, the case remains unresolved, possibly due to the complexity of additional facts. Ms. Lee’s family may pursue a civil claim, arguing the shooting was not justified. The attorneys acknowledge the officers may have acted reasonably to prevent immediate harm, but suggest a tactical alternative – asking the mother to exit first – might have defused the situation and allowed more time for negotiations.
The attorneys hope that this incident will lead to meaningful changes in response tactics, such as more visible deployment of non-lethal responders and enhanced pre-entry negotiation protocols.
“I think there definitely could have been additional steps taken by the officer right at the outset that may have prevented this from happening, you know separate from whether it was a good shoot or a bad shoot.”
– Attorney Wittmann
The Attorneys For Freedom Law Firm is the only law firm in the nation solely dedicated to defending individuals involved in self-defense incidents through our Attorneys On Retainer Program (AOR). To learn more about how The AOR Program can protect you, please call 866- 404-5112 or email us.
