California Department of Justice Releases Report on Officer-Involved Shooting of John Alaniz

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on John Alaniz’s death from an officer-involved shooting in Paramount, California, on May 4, 2022. The incident involved officers from the California Highway Patrol. 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.

 “AB 1506 is a critical transparency and accountability tool in our efforts to advance a safer California for all,” said Attorney General Bonta. “Loss of life is always a tragedy. We acknowledge that this incident posed challenges for all parties involved, including Mr. Alaniz’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 May 4, 2022, California Highway Patrol Officers responded to a report of a male running into traffic in the westbound lanes of 105 Freeway. Upon arrival, the officers were confronted by Mr. Alaniz, who charged in their direction while pointing what appeared to be a firearm at them. He was fatally shot by officers. 

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. EFFECTIVE COMMUNICATION REGARDING ELECTRONIC CONTROL DEVICE DEPLOYMENT

CHP’s Electronic Control Device policy states, “When feasible, prior to discharging an ECD, the uniformed employee should announce an ECD is going to be discharged.” This requirement helps to potentially prevent sympathetic fire from the other officers who hear the deployment of an ECD and CHP should evaluate whether the responding officers, at the time of the incident, properly followed policies, processes, and procedures, and had taken relevant trainings related to ECDs, or whether additional revisions to those policies, processes, procedures, and training are necessary, particularly as to the circumstances that would make an announcement feasible. 

2. BODY-WORN CAMERAS (BWC)

As of the date of this report, CHP does not equip all of its officers with BWCs. While CHP patrol vehicles do have a Wireless Mobile Video/Audio Recording System (WMVARS), the WMVARS do not always capture incidents in their entirety, as is the case here. The interaction with Mr. Alaniz did not occur directly in front of a CHP patrol vehicle’s WMVARS, which limited the ability to assess the incident fully. It is recommended that all CHP Officers be equipped with BWC because it would promote public transparency and accountability, and, in the long run, improve CHP’s policies, procedures, and tactics.

3. RADIO CHANNEL EQUIPMENT, POLICY, AND TRAINING

More effective radio communication between officers from different CHP Areas would allow for better preparation and improved public safety and officer safety when responding to incidents that take place in bordering zones.

4. USE OF FORCE POLICY:

It is recommended that CHP update any trainings that conflate the Graham v. Connor standard with the current deadly force standard under California Penal Code section 835a.

5. POSTING POLICIES ON THE CHP WEBSITE

DOJ first recommended that CHP post these materials onto its website in our May 24, 2023 report on the shooting death of Leonel Chavez. While we acknowledge that CHP is not required to comply with this law, in light of the goal of law enforcement agencies being more transparent with the community they serve and the need for state-level agencies to lead by example, the DOJ reiterates its recommendation that CHP demonstrate leadership by updating its website to include all current standards, policies, practices, operating procedures, and education and training materials. 

A copy of the report can be found here.