The investigation into the fatal shooting of an armed man in an apartment complex parking lot is now complete and has been forwarded to the District Attorney’s Office for review. The incident occurred on November 22, when a man was shot by a police officer after he threatened to kill a security guard in the parking lot of a Chula Vista apartment complex. The suspect was taken to Scripps Mercy Hospital, where he later died. The officer, identified as Adrian Perallon, was placed on administrative leave, pending the completion of the District Attorney’s investigation.
The District Attorney’s Office has completed its legal review of the officer-involved shooting that occurred on November 9, 2013 in the Union Square area of downtown Los Angeles. At this time, the District Attorney has not determined that any criminal charges should be filed.
The investigation into the Paso Robles active shooter incident involving Mason James Lira was completed on June 11, 2020.
SAN LUIS OBISPO, Calif. — The independent investigation of the officer-involved shooting events that occurred in and around the City of Paso Robles on June 10 and 11, 2020, ending in the shooting death of Mason James Lira, has been completed, according to San Luis Obispo District Attorney Dan Dow.
A man was killed, a sheriff deputy was wounded in the face, and other law enforcement officials were injured during a series of killings carried out by Lira.
After a thorough investigation, the San Luis Obispo County District Attorney’s office determined that the police who used lethal force did not break the law, and no charges would be brought against them.
We’re going to get through this together, Atascadero
With few exceptions, the District Attorney is responsible for conducting an impartial investigation into all officer-involved shootings in San Luis Obispo County. The District Attorney’s duty in this investigation is to establish if any violations of California criminal law were committed by the implicated officer or officers during the event. This assessment does not address policy, training, tactics, or civil responsibility directly. There is no fixed time limit for completing such an assessment, and each event has its own set of circumstances.
The District Attorney’s Office is constrained by the same charging criteria that apply whether a person is a civilian or a peace officer while evaluating any inquiry for the possibility of bringing criminal charges.
The California District Attorneys’ Association Uniform Crime Filing Standards explain these requirements, which include the following:
“Only if four fundamental criteria are met may the prosecutor initiate a criminal complaint:
- There has been a comprehensive study and examination of all relevant facts;
- A corpus delecti (i.e., each ingredient of the crime) is legally adequate and acceptable proof;
- There is adequate, legally admissible proof of the accused’s identification as the crime’s perpetrator; and
- The prosecutor has taken into account the likelihood of a conviction by an objective factfinder (i.e., a judge or jury) hearing the admissible evidence.
After hearing all of the evidence available to the prosecutor at the time of the charging and after hearing the most plausible, reasonably foreseeable defense that could be raised under the circumstances presented to the prosecutor, a reasonable and objective factfinder should find the defendant guilty of the crime charged.”
An impartial assessment of the sequence of events was undertaken in accordance with the District Attorney’s duty and the Uniform Crime Charging Standards.
The investigation included 113 interviews with law enforcement officers and civilian witnesses, a review of 67 body-worn camera and patrol in-unit videos, thirty (30) surveillance and aircraft videos, hundreds of photographs, the collection of 637 items of evidence, location diagramming, and forensic evaluation and testing of physical evidence.
Based on a review of the Sheriff’s final investigation report and the prevailing legal standards, we believe there is insufficient evidence to establish criminal responsibility on the part of the participating officers in any of the four officer-involved shooting events beyond a reasonable doubt. When they fired or shot at Mason James Lira on June 10 and 11, 2020, there is credible evidence that each officer’s conduct were reasonable, necessary, and justified in the totality of the circumstances.
As a result, the District Attorney’s Office in San Luis Obispo County has concluded its investigation into these four officer-involved shootings.
Visit slocounty.ca.gov/Departments/District-Attorney/Officer-Involved-Shootings.aspx to read the 43-page report.
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