California Department of Justice Releases Report on Officer-Involved Shooting of Che Noe Zuniga Jr.

 
OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Che Noe Zuniga Jr.’s death from an officer-involved shooting in Bakersfield, California, on August 7, 2021. The incident involved officers from the Bakersfield Police Department (BPD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.
 
 “Loss of life is always a tragedy,” said Attorney General Bonta. “We acknowledge that this incident posed challenges for all parties involved, including Mr. Zuniga’s family, law enforcement, and the community. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”  
 
On August 7, 2021, officers from BPD were searching a residential neighborhood for Mr. Zuniga after he had been involved in a car chase and had exchanged gunfire with police officers on a public street. During the search, a police officer came across a trash can in the backyard of a residence that appeared to have a bulge in which he suspected Mr. Zuniga may be hiding. When police officers converged in the backyard, Mr. Zuniga emerged from a trash can in which he was hiding and ran directly at police officers when he was fatally shot.
 
Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officer. As such, no further action will be taken in this case. 
 
As part of its investigation, the DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include: 
 
1. ACTIVATION OF BODY WORN CAMERAS
 It is recommended that BPD amend its policy, to specifically provide that “enforcement activity” includes a vehicle pursuit, and thus officers must activate their body worn cameras at the time that an officer begins a vehicle pursuit. BPD should also evaluate whether it provides sufficient training on activation of body worn cameras.
 
2. MUTING THE AUDIO OF BODY WORN CAMERAS
It is recommended that BPD emphasizes the requirements of its current policy across the department, and specifically ensures that all officers are trained on the appropriate circumstances in which body worn camera recordings may be muted, the required actions an officer needs to take prior to effectuating a mute, and the allowable duration of a mute.
 
3. ENSURING OFFICERS DO NOT DISCUSS THE SHOOTING AMONG THEMSELVES BEFORE MAKING STATEMENTS
BPD’s current policy does not define “authorized personnel or representatives,” this policy leaves open the possibility that officers may discuss the shooting incident with other officers at the scene. It is recommended that BPD amend its policy, to explicitly state that, following an officer-involved shooting, the officers may not discuss the shooting with other officers, except to provide a public safety statement, prior to providing a formal criminal or administrative statement.
 
A copy of the report can be found here.