Golden State Today

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), released a report on the officer-involved shooting of Guadalupe Zavala by the Antioch Police Department in Antioch, California, on December 10, 2021. The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. It provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case but recognized important lessons from the incident. As required by AB 1506, the Attorney General issued specific policy and practice recommendations related to the incident.

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala causing him to fall back. However, because Mr. Zavala was wearing body armor he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home and he ran out taking cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle Mr. Zavala ran towards the armored vehicle and was fatally shot.

Under AB 1506 which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show beyond a reasonable doubt that the officers involved did not act in lawful self-defense or defense of others. Therefore there is insufficient evidence to support a criminal prosecution of the officers. As such no further action will be taken in this case.

As part of its investigation DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in hilly areas covered by their department. They can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or examine whether other cell phone carriers or radio channels would work better.

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure their officers can effectively communicate with officers from other agencies by setting up regional radio channel systems for interagency communication.

A copy of the report can be found here.