Why Deputies Chose Non-Lethal Force in Amber Alert Standoff on Freeway

A SWAT team's use of a non-lethal bean bag helped a standoff end safely on a Santee freeway

A dramatic standoff with a father holding his four sons hostage on an East County overpass ended peacefully Thursday with the help of a bean bag.

The deputies’ decision to use non-lethal force in the arrest of Daniel Perez comes as national protests over two officer-involved homicides rock the country.

While law enforcement involved was certainly aware of events in Ferguson and New York, San Diego County Assistant Sheriff Mark Elvin says the protests had nothing to do with the split-second decision made on the San Diego freeway.

On Thursday, a sheriff’s SWAT team used two armored BearCat vehicles to block in Daniel Perez’s car on the transition from State Route 125 to State Route 52. When the suspect emerged with his four boys, Perez was hit by a bean bag deployed by a deputy. Soon after, he was tackled by multiple people and taken into custody.

Sheriff’s officials declined to comment specifically on Thursday’s incident, but Cpt. Todd Frank talked about the mindset of deputies during similar standoffs.

“You're worried about yourself. You're worried about any uninvolved parties. You're also worried you're not gonna make a mistake, you don't want to do something incorrect,” said Frank.

Elvin, a one-time SWAT supervisor, said deputies are trained to focus on the moment and the suspect’s movements. They depend heavily on that training and experience.

The deputy who deployed the bean bag is a 17-year veteran, and he has been on the SWAT team for three years.

A decision to use lethal or less-lethal force can be impacted by hostages, as was the case Thursday. In a split second, even as Perez appeared to think about jumping over the bridge with his son, the deputy chose less-lethal force: the bean bag. However, it certainly could have ended much differently.

“When you have an uninvolved person in a situation like that, it's not inappropriate to have a lethal response if you believe that uninvolved person is in danger, in other words if they're in danger of serious injury or of death,” said Elvin.

Perez has been booked into Montebello Jail on suspicion of kidnapping and murder after his wife’s body was found in the trunk of the family’s second car. His arraignment is scheduled for Monday.

The children were unharmed and have been reunited with family.

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