OAKLAND, CA – California Attorney General Rob Bonta released a new report this week conducted on the behalf of California’s Department of Justice regarding Luis Herrera’s death in an officer involved shooting in Los Angeles, Sept. 17, 2022.
In the report, the DOJ ultimately concluded that criminal charges against officers were not appropriate in the case.
Attorney General Bonta said that “we hope this report brings a sense of assurance to our community. We acknowledge that this incident poses challenges for all parties involved, including Mr. Herrera’s family, law-enforcement, and the community.”
According to the DOJ report, at approximately 1:21 p.m. on Sept. 17, 2022, LAPD responded to several calls for service at a residence in Los Angeles. Both calls were made by Luis Herrera. who reported a domestic violence incident at the Herrera residence.
“Mr. Herrera told dispatch that the gate to the residence would remain open for officers. However, when officers arrived Mr. Herrera was opening the front screen door with what officers assumed was an AR 15 assault rifle. Officers retreated around the east corner of the evidence, and instructed Mr. Herrera to ‘drop the gun.’”
The DOJ said after Herrera exited the residence he proceeded to point the rifle at officers and then was fatally shot. It was not until after the incident that the AR assault rifle was revealed to be an airsoft gun.
The DOJ investigation concluded “the evidence does not show, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself and others from what he recently believed to be an imminent death or serious bodily injury.”
Ultimately, the DOJ said it found insufficient evidence for prosecution of an officer, and no further action was needed.
Rather, the DOJ suggested several policy recommendations, which include:
“(1) Diligent interviewing of callers reporting domestic violence, including calling back if calls are disconnected where pertinent information was not obtained; (2) Ensure Priority I coding of calls reporting threatened, imminent, and ongoing crime of violence; and (3) Remain on the line with the reporting party for Priority I calls to provide critical updates to responding officers, unless it compromises the safety and welfare of the reporting party.”
The DOJ investigation was conducted in part of Assembly Bill 1506 which allows California’s Department of Justice to conduct investigations in “efforts to provide transparency and accountability in law enforcement practices,” reported the CADOJ’s press release.
The DOJ report can be found here.
