LOS ANGELES — The Supreme Court declined to review an appeal in the case involving former Los Angeles Police Department Officer Toni McBride, allowing a lower court's ruling to stand. The decision means a jury could determine if McBride used excessive force when she shot Daniel Hernandez in April 2020.

The 9th Circuit Court of Appeals had ruled that a jury could assess whether McBride used excessive force by firing two shots after Hernandez fell to the ground. This decision by the 9th Circuit was reached by a 6-5 vote. Federal judges in California had determined that McBride was justified in firing the first four shots but not the final two shots that killed Hernandez.

Justices Clarence Thomas and Samuel A. Alito Jr. objected to the Supreme Court's decision to decline the appeal. The Los Angeles city attorney's office had appealed the 9th Circuit's decision to the Supreme Court. Erwin Chemerinsky, dean of UC Berkeley Law, filed a response to the appeal on behalf of the Hernandez family. "The 9th Circuit simply held that it should be for the jury to resolve the factual dispute over what happened," Chemerinsky said.

Hernandez was carrying a knife when he was shot. Prior to the shooting, his truck had collided with several cars near downtown Los Angeles. McBride had ordered Hernandez to drop the knife as he approached her. Hernandez was alleged to be under the influence of methamphetamine at the time of the incident.

Judge Jacqueline H. Nguyen wrote that it has been established for more than a decade that an officer cannot continue to shoot a suspect who has fallen to the ground unless there is an indication of a continuing threat. Judge Ryan Nelson stated that McBride was justified in shooting Hernandez to alleviate the risk he posed.