Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Contact Us
  • Disclaimer
  • Privacy Policy

Oakland cop fired after second killing

June 21, 2009 by David Shirley

From: SF Chronicle

Henry K. Lee

6/21/09

An Oakland police officer who shot and killed two unarmed men in separate incidents within a year has been fired by the city for violating department use-of-force policies in the more recent shooting, his attorney said Saturday.

Officer Hector Jimenez was terminated earlier this month in connection with the 2008 shooting death of Mack “Jody” Woodfox III, 27, in the city’s Fruitvale District, said Jimenez’s attorney, Justin Buffington. Woodfox was shot three times in the back, his family said.

The department said Jimenez violated use-of-force policies because Woodfox no longer posed a threat to the officer at the time of the shooting, Buffington said. But the attorney said the firing was “completely inappropriate” and that Jimenez will appeal.

“I don’t think the department wanted to terminate him but had to terminate him for political reasons,” Buffington said, referring to the public outcry that resulted because Jimenez had shot and killed two people within seven months.

Officer Jeff Thomason, department spokesman, said he could not comment because it was a personnel issue.

Oakland police have said that Jimenez, who graduated from the police academy in February 2007, fired numerous shots at Woodfox on July 25, 2008, hitting him in the back. Jimenez said he believed Woodfox, a drunken-driving suspect, was reaching into his waistband for a gun when he jumped from his car and ran from police. The chase ended at East 17th Street and Fruitvale Avenue.

Woodfox was not armed, however, and his family filed a $10 million federal civil rights suit against the city of Oakland and Jimenez that is still pending. The complaint cited a previous fatal shooting involving Jimenez as evidence that the officer was poorly trained.

On New Year’s Eve 2007, Jimenez and Officer Jessica Borello shot and killed 20-year-old Andrew Moppin-Buckskin at 47th Avenue and International Boulevard in Oakland after he ran from his car following a traffic stop, police said. Moppin-Buckskin was not armed, but the officers told investigators that they believed he had been reaching for his waistband. The officers did not violate any policies, the department said.

John Burris, an Oakland attorney representing the families of both men killed by Jimenez, said Saturday that he was gratified by the officer’s termination.

“His conduct was egregious. A young man is dead who should not be dead,” Burris said. “Maybe two young men are dead who should not be dead. We thought this case not only warranted termination, but certainly warranted prosecution.”

Buffington disagreed, saying his client is “confident in his actions on both occasions, and he certainly felt that he was put in a position where he had no other choice. It’s every cop’s nightmare to have to use deadly force and, unfortunately, he was confronted with circumstances that required it.”

Filed Under: RLS In The News Tagged With: justin-e-buffington

Related News

  • Post-Interrogations Discovery Rights
  • RLS Partners Mike Rains and Justin Buffington Win Complete Acquittal of Rocklin Officer in Felony Use of Force Trial
  • June 21st, 2018 - "Protecting Cops in the 21st Century" Symposium (Costa Mesa, CA)
  • Another Citizen or Above the Law?
  • Oakland police sergeant faced no charges for domestic violence arrest despite video evidence

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel. By providing a telephone number and submitting the form you are consenting to be contacted by SMS text message. Message & data rates may apply. Reply STOP to opt out of further messaging.

© 2025 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Privacy Policy | Disclaimer

Click here for our privacy policy. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies. Read our privacy policy for more details.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

Please read our full privacy policy by clicking here.

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Please see our privacy policy for more information.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

  • Privacy Policy

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Contact Us
  • Disclaimer
  • Privacy Policy
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.