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Friday, September 20, 2024

California DOJ releases findings on officer-involved shooting death of John Alaniz

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on John Alaniz’s death from an officer-involved shooting in Paramount, California, on May 4, 2022. The incident involved officers from the California Highway Patrol. The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report 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.

“AB 1506 is a critical transparency and accountability tool in our efforts to advance a safer California for all,” said Attorney General Bonta. “Loss of life is always a tragedy. We acknowledge that this incident posed challenges for all parties involved, including Mr. Alaniz’s family, law enforcement, and the community. 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 May 4, 2022, California Highway Patrol Officers responded to a report of a male running into traffic in the westbound lanes of the 105 Freeway. Upon arrival, the officers were confronted by Mr. Alaniz, who charged in their direction while pointing what appeared to be a firearm at them. He was fatally shot by officers.

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 deputy involved acted without the intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the deputy. As such, no further action will be taken in this case.

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

1. Effective communication regarding electronic control device deployment: CHP’s Electronic Control Device policy states, “When feasible, prior to discharging an ECD, the uniformed employee should announce an ECD is going to be discharged.” This requirement helps potentially prevent sympathetic fire from other officers who hear the deployment of an ECD and CHP should evaluate whether responding officers properly followed policies related to ECDs or if additional revisions are necessary.

2. Body-worn cameras (BWC): As of this report's date, CHP does not equip all its officers with BWCs. While CHP patrol vehicles have Wireless Mobile Video/Audio Recording Systems (WMVARS), these do not always capture incidents fully as was the case here. It is recommended that all CHP Officers be equipped with BWCs because it would promote public transparency and accountability.

3. Radio channel equipment policy and training: More effective radio communication between officers from different CHP Areas would allow for better preparation and improved public safety when responding to incidents in bordering zones.

4. Use-of-force policy: It is recommended that CHP update any trainings conflating Graham v. Connor standards with current deadly force standards under California Penal Code section 835a.

5. Posting policies on the CHP website: DOJ first recommended that CHP post these materials onto its website in its May 24, 2023 report on Leonel Chavez's shooting death. Although compliance is not required by law for CHP, DOJ reiterates its recommendation for greater transparency by updating its website with current standards and training materials.

A copy of the report can be found here.

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