San Diego County District Attorney Bonnie Dumanis released details and videos of three high-profile officer and deputy-involved shooting cases Friday spanning two years.
“The law recognizes that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain and rapidly evolving,” Dumanis said, before talking about her review of the cases and the videos at a news briefing.
The DA delved into her office's review on the three following cases:
• The May 11, 2016 officer-involved shooting of Thongsoune Vilaysane
• The Aug. 4, 2015 deputy-involved shooting of Daniel Avila
• The April 8, 2014 officer-involved shooting of Allan David Riley
Other than the details and clips released Friday, Dumanis said that, at this point, no further evidence will be released on these cases. Dumanis said her office only releases video that is relevant to her office's legal analysis and review of a case.
“In other words, the videos that show what happened in the moments or minutes leading up to the shooting,” she added.
Dumanis said that, under California penal code, “An officer’s use of deadly force is reasonable if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or to others.”
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The DA said in all three of these cases, the use of lethal force by the deputies or officers was justified.
Daniel Avila:
The DA discussed each individual case, beginning with the shooting of Avila on Aug. 4, 2015.
In that case, a deputy with the Orange County Sheriff’s Department (OCSD) noticed Avila in distress and acting strangely while pulled over in a car on Las Pulgas Road near Interstate 5 near Camp Pendleton.
When the deputy approached Avila, he allegedly yelled and pointed aggressively at the deputy. At one point, he said he had a gun and threatened to kill the deputy and himself. The OCSD deputy called for backup and a standoff with Avila in his car ensued.
For an hour, deputies and U.S. Border Patrol agents tried to negotiate with Avila.
Dumanis said Avila continued to make threats and told deputies he was a suspect in the murder of his parents. He claimed he had a gun pointed to his own stomach.
When Avila finally exited the car, he pointed his arm, with a dark-colored shirt wrapped around his hand, toward deputies as if he had a gun in his hand, officials said.
Dumanis said Avila yelled at the deputies, telling them "they were going to get it."
At that point, a deputy deployed bean bags at Avila’s stomach. Three OCSD deputies and two Border Patrol agents fired their guns, killing Avila. No weapon was found on him.
The DA said an investigation into Avila later revealed he suffered from mental health issues and drug dependency. A toxicology report later confirmed Avila had methamphetamine in his system at the time of his shooting, Dumanis said Friday.
Dumanis said Avila's family asked that the video of his shooting not be publicly released.
"We have been through enough pain," said Dumanis, citing a note written by Avila's parents.
After careful consideration, Dumanis said her office has decided not to publicly release the video of Avila's shooting.
Thongsoune Vilaysane:
Dumanis then addressed the May 11, 2016 officer-involved shooting of Vilaysane, of which she did release video.
In this case, Dumanis said a San Diego Police Department (SDPD) officer saw Vilaysane driving away from a home on Pagel Place in Encanto – a home known by police to be frequented by gang members.
The officer followed Vilaysane, who sped up and blew through a stop sign. He led the officer on a chase through Encanto, refusing to pull over, as additional police units followed.
At one point, Vilasayne pulled into the driveway of a home and, when an officer approached him on foot, he backed out quickly, almost hitting the officer. Dumanis said that officer jumped out of the way and recognized Vilaysane as a parolee who had recently been arrested.
Eventually, Vilaysane drove back to Pagel Place, where he hit a parked car and came to a stop. Officers then approached the halted car on foot. Dumanis said five witnesses said they heard the officers order Vilaysane to put his hands up.
At that moment, Dumanis said Vilaysane backed up and struck a patrol car, and then drove forward. He then backed up once again, this time, driving directly toward the officers. Witnesses described Vilaysane as “aiming for the officers” and patrol cars, the DA said.
Four police officers surrounding Vilaysane opened fire on him.
Dumanis showed a portion of video of the shooting captured on the police officers’ body-worn cameras. She also released a still photograph of the scene pulled from video recorded by a sheriff’s department helicopter, and a short surveillance video that captured some of the incident.
Dumanis said the car driven by Vilaysane had been stolen from Carlsbad five days prior to his encounter with police. Toxicology reports showed Vilaysane had methamphetamines and amphetamines in his system at the time of his shooting. The San Diego County Medical Examiner also discovered tattoos on Vilaysane's body affiliated with street gangs, Dumanis said.
NBC 7 spoke with Encanto residents Friday night who heard and witnessed the officer-involved shooting of Vilaysane six months ago, and they shared their thoughts on the video released by the DA’s office.
“It was just very sad to know that I heard the shots that took his last breath,” Nicole Golembski told NBC 7. “It was rough.”
“He stole the car and it was drug-related, so he’s better off the streets,” said Golembski. “I can’t say he’s better off dead, but their job [police officers] is to keep everybody else safe too.”
“Couldn’t they have just shot his tires to stop the car?” said Encanto resident Karen Schmid after seeing the video Friday. “Maybe if they had just fired one shot, the guy would’ve stopped. I don’t know.”
NBC 7 also spoke with one of Vilaysane’s friends about the release of the video and photos linked to the case. He said the evidence raises concerns about police procedures and use of deadly force.
“The people that are supposed to protect and serve aren’t really doing that, you know what I mean?” said Tho Xayaouhn. “Instead, they’re killing us."
Allan David Riley:
Dumanis also released a short clip linked to the deputy-involved shooting of Allan David Riley on April 8, 2014.
In that case, two San Diego County Sheriff’s Department deputies were working in La Mesa, investigating a series of daytime burglaries in the community.
One deputy spotted Riley walking near Jackson and Center drives, carrying a backpack. Riley walked into the parking lot of a gas station, and the deputies followed.
When they tried to talk to with Riley, Dumanis said Riley gave the deputies a fake name and birthdate belonging to a person with an outstanding felony warrant. Riley refused to show his ID to the deputies or to turn over his backpack.
During the encounter, Dumanis said Riley put his hand into his waistband and pulled out a 9.5-inch hunting knife. The deputies tried to restrain him, but Riley lunged at the deputies, stabbing one deputy in the leg.
The other deputy fired one round, striking Riley in the stomach. Riley was taken to a hospital, where he underwent surgery and eventually recovered.
Images: San Diego Deputy Stabbed, Suspect Shot
Dumanis said results of a toxicology report on Riley revealed he had opiates and amphetamines in his system at the time of his altercation with deputies. Riley was charged with the assault on the deputy, and several other counts.
This week, a jury found Riley guilty on all charges, Dumanis said. He is scheduled to be sentenced on Dec. 9.
The clip of this case released by Dumanis was surveillance video captured by the gas station. It shows the struggle between Riley and the deputies in the parking lot.
