JD Lane

Date: 1/5/2022            Location: Victoria, TX            FACTORS (1,2,3,8,19)         

Name: JD Javier Lane                                   

Criminal History/Involved: Yes, Lane was released in October 2021 after serving 7 years for engaging in organized criminal activity. In the short time since he was released, Lane had an active felony warrant for unlawful possession of a firearm by a felon and was suspected in two armed robberies and an assault on January 4, 2022. / Yes, Lane had an active warrant and fled from police when they pulled over the vehicle he was in.

Mental Illness: Unknown.

Substance Abuse History/Involved: Yes, the autopsy revealed Lane had numerous illegal drugs in his system. / Yes, Lane was in possession of methamphetamine and drug related paraphernalia.

Race/Sex/Age: Latino/Male/28

Officer(s) involved: Deputy U.S. Marshal Max Hernandez                                                

What prompted the initial contact with police? At around 2:29 p.m. on January 5, 2022, members of the Gulf Coast Violent Fugitive Task Force conducted a traffic stop on a vehicle occupied by Javier Lane who had an active felony warrant.

Actions taken by subject towards police: Lane opened the passenger door and ran from the officers.

Reactions by the police: Observing a silver object in Lane’s hand which he feared was a gun, Deputy Marshal Hernandez fired one shot, fatally hitting Lane in the back as he ran through a busy intersection.

Outcome of investigation into the fatal police incident: Considering Deputy Hernandez believed Lane was holding a silver handgun which matched the description of the weapon he was suspected of using in the previous day’s armed robberies, grand jurors determined Deputy Hernandez was justified to use deadly force.

What could the subject have done that day to still be alive today? Lane could still be alive if he: did not commit a felony years earlier making it illegal for him to possess a firearm; did not illegally possess a firearm which generated a warrant; did not rob or assault anyone the day before; remained in the vehicle and complied with the officer’s orders; did not run from police while holding a metallic object.

Miscellaneous: Lane was a menace to society and himself.

Justified Use of Deadly Force? YES, given Lane’s violent criminal history, the officers reasonably feared the silver object in his hand was a gun which in his possession presented an imminent threat to the officers and civilians in the area, so deadly force was justified.