Deputies, Agents Who Fatally Shot Man Identified

Daniel Robert Avila, 55, was killed by law enforcement on Aug. 4

San Diego County Sheriff’s officials have identified the law enforcement officers involved in the shooting that left one man dead in North County last week.

Five Orange County Sheriff’s Department (OCSD) deputies and two Border Patrol agents shot and killed Vista resident Daniel Robert Avila, 55, after a standoff ensued on Aug. 4 off Interstate 5, close to Camp Pendleton.

The OCSD officials who fired at Avila were Deputy David Zill, Deputy Chris Lamberta and Sgt. Doug Ellithorpe, according to the San Diego County Sheriff's Department. U.S. Border Patrol Agents Anthony Fazio and Mark Aluia also shot at Avila.

Officials say an OCSD deputy found a man in distress and acting strangely pulled over on Las Pulgas Road near I-5.

When the deputy approached Avila, he started aggressively pointing at the deputy and yelling. At one point, he said he had a weapon and threatened to kill the deputy and then himself, according to investigators.

The deputy retreated to his patrol car and called in backup.

For an hour, deputies and Border Patrol agents tried to negotiate with Avila, who claimed he had a gun pointed at a deputy’s stomach, officials say.

Finally, when Avila emerged from his car, he "had his right arm extended with something black — some sort of black material — wrapped around his hand, extending it as if it was a weapon," said San Diego County Sheriff's Lt. John Maryon.

A deputy shot a bean bag round at the suspect's stomach, but Avila continued to point his arm in their direction.

The three OCSD deputies and two Border Patrol agents then fired their guns, killing Avila. No weapon was found on him, according to Maryon.
 

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