Officer Involved Shootings

As District Attorney, one of my most serious responsibilities is reviewing officer-involved shootings and deaths which occur while someone is in the custody of law enforcement and force is used. The public is understandably concerned about these incidents and wants information about the facts and circumstances. The loss of life in this context is always somber and serious leaving an impact on many in the community.

The law places the duty and responsibility on our office to determine if there is criminal liability and to make a fair and just decision under the law. Our office takes great care to make sure our analysis follows the law, is independent, objective and thorough. I’ve taken additional steps to include the U.S. Department of Justice, Civil Rights Division, and the Federal Bureau of Investigation in briefings concerning these events because they also have jurisdiction in these cases. I also welcome review by the California Attorney General’s Office, whenever the Attorney General determines it appropriate.

There is often video evidence associated with these incidents, which can include body worn camera, surveillance video, or citizen cell phone video. All of the Chiefs of Police and the Sheriff agreed with the District Attorney’s Office to release portions of the video which show what led up to an officer-involved shooting. We understand the public wants to see these videos so individuals can make their own decisions about whether a shooting was justified. Our office releases the video along with the written analysis to provide s important context so the public has a more complete picture of what occurred when a life is lost.

A peace officer’s use force is a serious responsibility that must carried out legally and with a respect for the sanctity of every person’s life. Under the law, an officer’s use of deadly force is permitted if a reasonable officer has probable cause to believe the suspect poses a threat of death or serious physical injury to the officer or others. Our reviews embody the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force necessary in a particular situation.

We strive to conduct our reviews in an efficient and timely manner, balancing the process with the time needed for the law enforcement agencies to thoroughly investigate the case. Our goal is to be as open as possible about the review process and our decisions. At the same time, we’re required to follow our ethical and legal duties not to disclose information or evidence until our review is completed. Below are some frequently asked questions and answers about our review process that we hope are helpful.

Summer Stephan
San Diego County District Attorney

Frequently Asked Questions :

The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney’s Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney’s Office can conduct the additional investigation. The District Attorney’s Office does not do a separate, new investigation of the incident.

Yes. A District Attorney Investigator (DAI) with substantial training and experience in homicide investigation and use of force responds to the scene any officer-involved shooting or in-custody death. A briefing of the incident and a familiarization of the incident scene is given to all participating investigators. The DAI will identify any potential witnesses he or she discovers and point out any item of evidence he or she observes to the officer in charge of the investigation. The DAI will not interview witnesses and will not gather evidence. The DAI may provide advice or assistance if it is sought by the jurisdictional agency.

The purpose of the review is to provide an independent analysis of all police shootings and other use of deadly force to determine if the use of force was legally justified or not. In other words, was a crime committed? The review determines if there is criminal liability only and does not examine issues such as compliance with the policies and procedure of any law enforcement agency, ways to improve training, and any issues related to civil liability.

The investigations are lengthy and comprehensive. It takes several months to process evidence, compile forensic and laboratory reports, and conduct follow-up investigation. The Medical Examiner’s report is thorough and cannot be completed until it has toxicology results. As a result, the agency investigations and review by the District Attorney Office often take months. However, San Diego County law enforcement agencies have committed to having their investigations completed within 90 days if feasible, and the District Attorney’s Office has committed to having their review completed within 90 days if feasible.

The Special Operations Division of the San Diego District Attorney’s Office reviews officer-involved shootings and in-custody death cases The investigators assigned to the division are experienced and knowledgeable experts on homicide investigations and use of deadly force. Both an investigator and a Deputy District Attorney review each case.

If the District Attorney’s Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified.

Once the District Attorney’s review is completed and an officer or deputy’s actions are deemed to be legally justifiable, basic information including the name of the individual(s) involved, law enforcement agency, incident date and letter date are posted on the DA’s website. Copies of the letters are provided to the news media. Members of the public can request a copy of a letter from the law enforcement agency named in the letter. If it’s not available from the law enforcement agency, the public may email publicaffairs@sdcda.org to request a copy.

We are not able to release letters where there is a pending criminal case, which has not been resolved, in order to protect a defendant’s right to a fair trial.

In August 2016, the Chiefs of Police, the Sheriff, and the District Attorney finalized a policy for release of video evidence. This policy allows limited release of law enforcement video evidence along with the officer-involved shooting letter to the media, if the officer or deputy was found to have acted in a legally justifiable manner in the incident. The video evidence could include body worn camera recordings, law enforcement helicopter recordings, dashboard camera footage, private citizen cell phone video, and security camera video footage. The goal in releasing the footage is to explain the circumstances at the time deadly force was used and to be transparent about the analysis of the shooting. The faces of all individuals in the video recordings are blurred prior to release.

Generally, video is not released until the District Attorney’s review is complete because it could become evidence in a criminal proceeding.

The District Attorney’s Office will not release video evidence until any criminal case, whether against the officer or another person, is concluded, because it could potentially interfere with the defendant’s right to a fair trial. However, there may be instances where video footage is shown as evidence in a criminal proceeding, open to the public and such video may be seen publicly if it is broadcast as part of the proceedings or made part of the court record. In these instances, the faces of those involve may or may not be blurred.

The Department of Justice (FBI) has started doing a concurrent review of officer-involved shootings to determine if an individual’s civil rights were violated. The City of San Diego has a Citizens Review Board on Police Practices, which reviews these types of incidents to see if policies and practices were followed, as does the County’s Citizens’ Law Enforcement Review Board.

The Office of the District Attorney has conducted reviews of all officer involved shootings (OIS) in the line of duty by San Diego County peace officers since the mid-1970's. In 2006, a revised Protocol for Investigation and Review of Officer Involved Shootings and Other Uses of Force Resulting in Death was was signed by the District Attorney, the Sheriff, the Warden at Donovan State Prison and the Chiefs of all the local law enforcement agencies in San Diego County, including the Border Division of the CHP.

The purpose of the District Attorney's review is to provide an independent review of all shootings and other use of deadly force, fatal and non-fatal, to assure the public that peace officers in San Diego County are performing their duties in a legally justified manner. This review does not examine such issues as compliance with the policies and procedures of any law enforcement agency, ways to improve training, or any issues related to civil liability.

Upon completion of the District Attorney's review, a letter summarizing the facts and statements of the deputy or officer and other witnesses is written and delivered to the Chief or Sheriff. Below is a list of letters submitted by the DA, including the name of the individual involved, the law enforcement agencies involved and the date of the incident.

In an effort to better understand how and why officer-involved shootings happen, the District Attorney’s Office has compiled a report covering a 20 year period from 1993-2012 and a total of 358 officer-involved shooting events. The majority of the information comes from reports compiled by law enforcement investigators, forensic analysts, and medical examiners. Some of the information is contained in the letters sent to law enforcement agencies by the SDCDA summarizing the facts and legal analysis of shootings. Some additional information was obtained from the various law enforcement agencies, in particular the San Diego Police Department’s officer-involved shooting database. Click here to read the Officer-Involved Shooting Review Report.


A copy of these letters may be obtained from the law enforcement agency that received the letter. If it is not available from the agency, contact District Attorney Communications Director Steve Walker by email.

Name
Incident Date
Letter Date
Agency
Kenny Bui*
*pending prosecution
11/17/2017
06/28/2018
Luke Lampers*
*pending prosecution
01/19/2017
06/13/2017
Ahmed Mumin*
*pending prosecution
04/18/2015
06/28/2016
Kyle Zahacefski
12/10/2017
06/14/2018
David Scott
09/19/2017
04/27/2018
Isais Ochoa-Bautista
08/24/2017
Jeroen Koornwinder
05/10/2017
01/08/2018
Jonathan Coronel
07/05/2017
02/16/2018
Bruce Dawley
06/04/2017
10/23/2017
Emmanuel Ibarra
05/15/2017
01/19/2018
Peter Selis
04/30/2017
10/18/2017
Damon Seitz
03/10/2017
06/19/2017
Isidro Bazan
03/02/2017
08/29/2017
Joseph Ramos*
*Pending prosecution
10/24/2016
03/29/2017
Edward Nett*
*Pending prosecution
12/03/2016
06/07/2017
Ferdinand Alarcio
01/24/2017
03/10/2017
Danny Baldwin
01/01/2017
05/04/2017
Robert Parkin
11/14/2016
05/01/2017
Jose A. Garcia
07/07/2016
11/02/2016
Alejandro Blanco
03/27/2016
11/22/2016
David Moya
08/05/2016
01/05/2017
Sergio Weick
08/11/2016
01/04/2017
Trenton Lohman
08/18/2016
01/05/2017
Alfred Olango
09/27/2016
01/09/2017
Juan Fernandez
11/13/2016
01/04/2017
Daniel Avila
08/04/2015
Thongsoune Vilaysane
05/11/2016
09/13/2016
James Griggs-Fritz
03/10/2015
09/06/2016
William Bogard
01/13/2015
12/31/2015
Allan Riley
04/08/2014
02/16/2016
Kelsey Hauser
01/16/2016
08/08/2016
Joshua Sisson
01/01/2016
07/26/2016
Felipe Vega
11/13/2015
07/26/2016
Anthony Ashford
01/27/2015
05/26/2016
Timothy Smith
11/04/2015
06/01/2016
Ton Nguyen
07/03/2015
04/07/2016
Aaron Devenere
01/26/2014
11/24/2014
Philip McMahon
02/16/2015
05/16/2016
Robert Hober
08/28/2015
03/29/2016
Alberto Hernandez
09/28/2015
03/03/2016
Jose Garcia
05/15/2014
10/06/2015
Ja Ma Lo Day
07/13/2014
08/14/2015
Lance Tamyo
08/06/2014
07/13/2015
Gary Kendrick
03/27/2015
04/25/2016
Simon Hubble
05/27/2015
04/07/2016
Lamontez Jones
10/20/2015
03/17/2016
Dennis Fiel
05/17/2015
02/16/2016
Jesus Gustavo Leos, Jr.
04/16/2015
02/16/2016
Fridoon Rawshan Nehad
04/30/2015
11/09/2015
Jesus Anthony Flores-Azhocar
03/10/2015
10/30/2015
Daniel Pedroza
04/07/2014
09/11/2015
Michael John Taylor
03/12/2014
07/31/2015
Michael Paul Napier
01/31/2014
05/22/2015
Clara Isabel Castro
02/27/2014
05/12/2015
Henry Luis Gonzales
02/27/2014
05/12/2015
Carlos Kristian Romero
01/02/2014
02/06/2015
Joseph Hill
12/30/2013
11/25/2014
Various Agencies
Jose Luis Navarro
01/09/2014
11/25/2014
Aaron Lee Devenere
01/26/2014
11/24/2014
John E. Chesney
02/26/2014
09/19/2014
Paul Aaron Brinkman
09/21/2013
09/10/2014
David Brown
08/24/2013
09/03/2014
William Daniel Mayes
06/05/2013
06/13/2014
Anthony Garcia
05/22/2013
06/13/2014
Daryl Ray Cody
10/29/2013
06/13/2014
Pedro Martinez Campos
05/04/2013
04/15/2014
Gregory Dale Foley
09/01/2013
03/20/2014
Giacomo James Cargnoni
06/01/2013
03/20/2014
Maria F. Zarco
04/27/2013
01/24/2014
Timothy Farrell
11/17/2012
01/24/2014
Adolfo Vargas Tovar
05/24/2013
01/16/2014
Jonathan Vasquez
01/12/2013
12/30/2013
Sylvia Fletes
01/12/2013
12/30/2013
John Edward Pantoja
10/15/2012
11/26/2013
Tom Billodeaux
01/12/2013
11/21/2013
Malcom Cookson
01/25/2013
10/15/2013
Angel Lopez
01/17/2013
10/10/2013
Justin Edward Meltzer
12/23/2011
08/21/2013
Raymond Jeff Goodlow
01/18/2013
07/17/2013
Muayed Salim Salih
09/01/2012
07/08/2013
Charles Dustin Collins
12/13/2012
Anthony Joseph Osorio
12/02/2012
06/18/2013
Christopher Hannowsky
09/19/2012
06/18/2013
Jamie Renee Fitzgerald
07/08/2012
05/29/2013
Jennifer Lynn Orey
08/19/2012
05/16/2013
Julio Cesar Martinez
12/27/2012
04/19/2013
Phillip Hernandez
10/31/2012
04/19/2013
Victor David Ortega
06/04/2012
04/19/2013
Anthony Dunton
09/01/2012
04/02/2013
Esteban Nandin
10/14/2012
03/20/2013
Matthew Crom
10/06/2012
03/20/2013
Robert Allen Moore
11/21/2011
03/19/2013
Arturo Serrato, Jr
09/11/2012
02/19/2013
Elwood Nile Edwards
05/20/2012
02/13/2013
Michael Joshua Flores
10/29/2011
11/14/2012
Craig Lane Petersen
04/13/2011
09/17/2012
Andrew Scott Luna
03/02/2012
08/28/2012
Jeremy McIntyre
03/17/2012
07/19/2012
Dejon White
08/06/2011
Andrew Joseph Yacko
08/19/2011
William A. Garrett
07/14/2011
03/23/2012
Marquin Anthony Hendrix
02/28/2011
01/13/2012
Victor Charles Hernandez
04/19/2011
01/12/2012
Rudy Lee Ledbetter
08/07/2011
12/28/2011
Michael Allen Foster
10/19/2010
08/15/2011
Van Dinh Le
03/03/2011
08/04/2011
Marc Anthony Carrasco
03/05/2011
07/15/2011
Anthony Castellano
02/02/2011
Robert McBride, Jr.
01/26/2011
05/16/2011
Eduardo Enrique Gonzalez
12/22/2010
04/22/2011
Randy Wayne Mullins
03/30/2010
03/08/2011
Pedro Fabian Galarza
09/17/2010
02/18/2011
Moses Jovid Muhammad
07/02/2010
02/10/2011
Jennifer Lynn Favreau
10/15/2009
02/04/2011
Huong Quy Luu
07/25/2010
01/24/2011
Jose Carlos Rodriguez
07/09/2010
12/10/2010
John Noble Evans
06/16/2010
12/06/2010
Bobby Joe Kemp
07/08/2010
10/21/2010
Nathan Gable Manning
05/20/2010
09/22/2010
Robert Clifford Reed
04/04/2010
09/16/2010
Bradford Albert Sarten
04/26/2010
07/16/2010
Raymond Jefferson McConnell
12/13/2009
Edward Michael Forney
08/09/2009
06/22/2010
Kareem Monyea Colum
12/10/2009
04/19/2010
Carlos David Martinez
10/03/2009
02/26/2010
Manuel Andrade De Lira
09/05/2009
01/08/2010
Gregory Michael Beaudet
08/27/2009
12/03/2009
Phillip James Sewer
08/03/2009
11/25/2009
David Vongpramai
07/22/2009
11/23/2009
Gianine Desiderio-Ohara
07/15/2009
11/19/2009
Lonnie Ray Glasco
03/24/2009
11/19/2009
Anthony Michael Bojorquez and Donald Allen Rico
12/05/2008
11/09/2009
Reginald Grigsby Jr.
05/23/2009
11/09/2009
Jeromiah Paul Davis
03/27/2009
11/06/2009
Jeff Quijano
06/10/2009
09/03/2009
Jose Ruben Fragoso
10/15/2008
07/02/2009
Willard Anthony Bradley
03/20/2009
05/22/2009
Gregory Kwok
10/26/2008
05/20/2009
Alan Jay Kosakoff
08/25/2007
05/19/2009
Esther Elizabeth Evans &
Brian Lee Olsen
11/01/2007
Siaki Ramon Del Rio
12/22/2007
04/17/2009
Jaime Jorge Tinajero
03/20/2008
04/17/2009
Regino Hector Aguilar
12/25/2007
03/10/2009
Guadalupe Zavala
08/16/2008
03/05/2009
Steven Paul Hirschfield
07/19/2008
02/26/2009
David Charles Phillips
05/09/2008
02/03/2009
Joseph Giordano
09/12/2008
01/05/2009
Robert Sol Oseroff
12/07/2007
12/19/2008
Curtis Allen Brown
09/04/2007
12/19/2008
Jesus Javier Ortega
11/14/2007
12/15/2008
Terrence Antonio Allen
08/02/2007
12/12/2008
Cao Van Lam
11/17/2007
11/14/2008
Gregory Allen Mudd
11/23/2007
11/04/2008
Isaac Aguilera Edeza
10/29/2007
09/26/2008
Patrick Loren Gautier
01/22/2008
09/23/2008
Alexander James Culley
05/30/2008
09/18/2008
Dario Amador Martinez III
08/07/2007
09/18/2008
Robert John Medina
11/16/2006
08/29/2008
David Arnulfo Lopez
10/21/2006
08/13/2008
Maurice Antoine White
04/18/2007
08/04/2008
Albert Cherry
08/14/2006
06/09/2008
Katherine Mackey
08/22/2007
05/20/2008
Artemis Lamont Whalum
10/09/2006
05/14/2008
Shane Anthony Hayes
09/17/2006
04/04/2008
Samuel Ehling
12/23/2006
02/11/2008
Josue Narvaez Garcia
08/30/2006
01/29/2008
Dominic Long
07/24/2007
01/25/2008
Raul Jimenez-Yepez
06/28/2007
01/07/2008
Steve Foley
09/03/2006
12/13/2007
William George Sloan
03/06/2006
07/25/2007
Noe Rojas-Godinez
02/10/2007
06/15/2007
George Shall Yerger, Jr.
11/19/2005
04/11/2007
Ashley B. Pearce
01/03/2006
12/15/2006
Matthew Trace
09/16/2006
12/04/2006
Daniel Cardoso
05/21/2006
11/09/2006
Michael Hale Wellman
02/09/2006
11/06/2006
Jonathan Michael Ray
06/28/2006
10/12/2006
Ardel Nagrampa
03/05/2006
08/07/2006
Kenneth Drinkard
01/26/2006
07/17/2006
Michael Eli Kreca
02/11/2006
04/21/2006