OAKLAND, CA – California Attorney General Rob Bonta said Friday his office will not recommend charges be filed against police who shot and killed Daniel Valdivia, who was in possession of a BB gun.
DOJ’s report stated, “After a thorough investigation (mandated by law)), DOJ concluded that criminal charges were not appropriate in this case.”
Bonta said, “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, officers from Covina Police Dept. were dispatched to a call of a man waving a handgun in the parking lot of a liquor store in the City of Covina, the DOJ report explained.
The report noted, “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 report adds, “The officers responded by discharging their firearms, killing Mr. Valdivia. It was subsequently determined that Mr. Valdivia was in possession of a BB gun.”
With AB 1506, DOJ is required to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state.
The report states, “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.”
However, the report did add, “DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future,” including officers activate “body-worn camera (BWC),” and adopt a “de-escalation policy.”
