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FRESNO, Calif. (KSEE/KGPE) - Over 2 years aft a antheral was changeable and killed by a Fresno Police officer, the California Department of Justice has announced they are not filing immoderate charges against the serviceman progressive successful the case.
A property merchandise from Attorney General Rob Bonta showed the California DOJ has recovered that the serviceman was justified.
The shooting happened connected May 19, 2022, aft 911 dispatchers got a telephone astir an contented astatine a Fresno location connected W. Cortland Avenue.
A pistillate called to accidental her son, Austin Flores, was apt precocious connected drugs and was violating an exigency restraining order. She told 911 that helium mightiness beryllium equipped but added, she wasn't definite if the weapon helium had was existent oregon fake.
"He brandished the weapon and said if they travel for maine I americium acceptable for them," the pistillate said connected the 911 call, released by Fresno Police.
Body camera video, besides released by the Fresno Police Department, shows officers arriving astatine the location and telling Flores to get retired of a parked car successful the backyard.
They archer Flores they person a constabulary K9, and outcry commands astatine him.
"Show maine your hands," officers said connected the video.
However, helium didn't cooperate close distant and wouldn't get retired of the car for respective minutes.
Officers are heard connected the assemblage camera video, explaining wherefore they request to determination to a abstracted portion of the home, to proceed protecting the Flores' parent who made the telephone to dispatchers.
When Flores yet did permission the car, helium was pointing what looked similar a weapon close astatine the officers.
It was past that the serviceman changeable astatine Flores.
The DOJ said successful a 34-page study released Wednesday, that the serviceman fired 9 rounds, yet sidesplitting Flores.
A fewer months aft the shooting, a video was enactment unneurotic by Fresno Police Public Information Officer Bill Dooley describing the 911 telephone and showing the constabulary assemblage camera video. Dooley states officers knew Flores was known to person a gun, and that Flores had an outstanding warrant for amerciable possession of a firearm.
The study from the DOJ details adjacent much accusation astir Flores' past and caller apprehensions by instrumentality enforcement officers.
Pictures released by constabulary corroborate that the weapon turned retired to beryllium fake. California instrumentality calls for DOJ reappraisal of each cases wherever an unarmed civilian is killed by police.
Attorney General Rob Bonta released this connection successful portion contiguous saying:
Under AB 1506, which requires DOJ to analyse each incidents of officer-involved shootings resulting successful the decease of an unarmed civilian successful the state, DOJ conducted a thorough probe into this incidental and concluded that the grounds does not show, beyond a tenable doubt, that the officers involved acted without the intent to defend themselves and others from what each of them reasonably believed to beryllium imminent decease oregon superior bodily injury. Therefore, determination is insufficient grounds to enactment a transgression prosecution of the officers. As such, nary further enactment volition beryllium taken successful this case.
Rob Bonta.Fresno country Criminal Defense Attorney Mark King added helium understands however the DOJ came to this conclusion.
"The serviceman had nary mode to cognize that it was not a existent weapon. He believed astatine that infinitesimal that his beingness was successful danger. And the Department of Justice investigated it and they felt the serviceman was justified successful his actions," King said.
He says helium believes Bonta's connection means the grounds shows the serviceman was trying to support himself, and that the study details helium followed procedures and did not perpetrate a crime.
"Anyone with fractional a encephalon is going to cognize if you attack a constabulary serviceman with what appears to beryllium a firearm pointed astatine that officer, there's a precise bully accidental you're going to die," King said.
Fresno Police officials said they are not commenting connected the study oregon the determination made by the DOJ.
