Golden State Today

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), released a report today on Daniel Valdivia’s death from an officer-involved shooting in Covina, California, on April 9, 2022. The incident involved officers from the Covina Police Department (CPD). 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.

“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,” said Attorney General Bonta. “We hope this report brings a sense of assurance to our community. We acknowledge that this incident posed challenges for all parties involved, including Mr. Valdivia’s family, law enforcement, and the community.”

On April 9, 2022, at approximately 10:10 PM, officers from CPD were dispatched to a call of a man waving a handgun in the parking lot of a liquor store in the City of Covina. CPD Officers arrived on scene and gave commands to Mr. Valdivia to put his hands up, to not reach for anything, and then to get on the ground. Mr. Valdivia assumed a partially prone position on the ground, then grabbed what appeared to be a gun from his waistband and pointed it at officers. The officers responded by discharging their firearms, killing Mr. Valdivia. It was subsequently determined that Mr. Valdivia was in possession of a BB gun.

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 acted without the intent to defend themselves and others from what they reasonably believed to be imminent death or serious bodily injury. 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, the DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

1. BODY-WORN CAMERA (BWC) ACTIVATION

It is recommended that CPD should revise its policy on BWC activation to state that an officer “shall” activate their BWC rather than state that officers “should” activate them. Currently, CPD Policy 423.62 Activation of BWC states that the devices “should” be activated for “all contacts with the public including stops, field interview situations, calls for service and report calls.”

2. DE-ESCALATION POLICY

While the use of de-escalation techniques, crisis intervention tactics, and other alternatives to force may not have been feasible in this case; CPD should nonetheless amend its current policy on de-escalation. CPD should further review its other processes, procedures, and training related to de-escalation to ensure those too are consistent with existing law.

A copy of the report can be found here.