Trial begins for San Diego deputy who fatally shot fleeing, unarmed man in back

A former San Diego County sheriff's deputy fatally shot a fleeing, unarmed man in the back who did not pose a threat to anyone, a federal prosecutor told jurors Tuesday, while a defense attorney asked jurors to consider the totality of the situation, including an allegation that his client saw the running suspect holding an object in his hand.

Opening statements and the first witnesses testified Tuesday morning in the trial of Aaron Russell, who is facing his second prosecution for the May 1, 2020, shooting death of Nicholas Bils.

Bils, 36, was arrested earlier that day for allegedly brandishing a golf club at park rangers in Old Town State Park and was being transported to the San Diego Central Jail when he partially slipped out of handcuffs, escaped from a California State Parks officer's car, and took off running.

As Bils fled, he was shot four times in the back, arm and thigh.

Three other law enforcement officers were at the scene, but Russell was the only one to draw his firearm, according to prosecutors. At the time of the shooting, Russell was 23 years old and had been with the sheriff's department for 18 months.

Russell was previously charged with murder by state prosecutors but ultimately pleaded guilty to voluntary manslaughter and was sentenced in 2022 to one year in jail, plus probation.

Last year, Russell was indicted on federal charges of deprivation of rights under color of law and using and discharging a firearm during and in relation to a crime of violence. He faces a potential maximum penalty of life in prison if convicted.

The shooting also led to a wrongful death lawsuit filed by Bils' family, which settled in mid-2022, with San Diego County agreeing to pay the Bils family $8.1 million.

On Tuesday morning, Assistant U.S. Attorney C. Seth Askins told a San Diego federal jury that Russell didn't command Bils to stop running or make any verbal warnings that he might fire his weapon.

After the shooting, Russell's only explanation for opening fire was because Bils was running away, according to the prosecutor.

The other three law enforcement personnel at the scene — which includes another sheriff's deputy and two state parks officers involved in Bils' arrest — were "shocked" that shots were fired, said Askins.

"It never even crossed their mind to shoot Mr. Bils," Askins said.

Jurors will hear testimony from each of those officers, as well as from experts regarding law enforcement training and use of force standards. They will also hear about another incident in which Bils was reprimanded for discharging a gun into the ground at a law enforcement firing range.

Russell's defense attorney, Richard Pinckard, said it wasn't unreasonable for his client to perceive Bils as a potential threat.

"This was a tense, uncertain, rapidly evolving incident, where decisions had to be made quickly," the attorney said.

Pinckard said Bils slipped out of his left handcuff before he escaped, and as he ran, his left arm was free, while his right arm was cradled near his chest.

At some point, Bils turned while holding what was likely the loose left handcuff in his right hand, Pinckard argued.

While Askins argued Russell's conduct ran "contrary to his training," Pinckard said law enforcement officers are trained specifically to be cognizant of a suspect's hands when considering potential threats.

"It's the hands that will kill you," Pinckard said.

The attorney also said Russell was not present for Bils' arrest, unlike the two state parks officers who arrested Bils, searched him and determined he did not have a weapon.

Though Russell was not aware of the circumstances behind Bils' arrest, Pinckard said the shooting occurred at the height of the COVID-19 pandemic, when only those suspected of violent felony crimes were being booked into jail.