Golden State Today

California Attorney General Rob Bonta released a report today on the officer-involved shooting of Che Noe Zuniga Jr. in Bakersfield, California, which occurred on August 7, 2021. The incident involved officers from the Bakersfield Police Department (BPD). This report is part of the California Department of Justice's (DOJ) efforts to ensure transparency and accountability in law enforcement practices. The DOJ concluded that criminal charges were not appropriate in this case.

“Loss of life is always a tragedy,” said Attorney General Bonta. “We acknowledge that this incident posed challenges for all parties involved, including Mr. Zuniga’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 August 7, 2021, officers from BPD were searching a residential neighborhood for Mr. Zuniga after he had been involved in a car chase and exchanged gunfire with police officers on a public street. During the search, an officer found a trash can in the backyard of a residence with a suspicious bulge. When police converged on the backyard, Mr. Zuniga emerged from the trash can and ran directly at officers before being fatally shot.

Under Assembly Bill 1506 (AB 1506), which mandates DOJ investigations into officer-involved shootings resulting in the death of unarmed civilians in California, DOJ conducted an extensive investigation into this incident. The investigation concluded that there was insufficient evidence to prove beyond a reasonable doubt that the officer acted without intent to defend himself or others from imminent death or serious bodily injury.

As part of its investigation, DOJ has identified several policy recommendations aimed at preventing similar incidents:

1. **Activation of body-worn cameras**: It is recommended that BPD amend its policy to specify that "enforcement activity" includes vehicle pursuits, requiring officers to activate their body-worn cameras at the start of such pursuits. Additionally, BPD should evaluate whether it provides sufficient training on camera activation.

2. **Muting audio on body-worn cameras**: It is recommended that BPD emphasize its current policy requirements across the department and ensure all officers are trained on when it is appropriate to mute body-worn camera recordings.

3. **Preventing discussion among officers post-shooting**: It is recommended that BPD amend its policy to explicitly state that following an officer-involved shooting, officers may not discuss the incident with other officers except to provide a public safety statement before making formal statements.

A copy of the full report is available online.

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