EL CENTRO, Calif. — A state review of a fatal police shooting in El Centro found no legal basis to prosecute the officers involved, according to a report released March 24, 2026, by the California Department of Justice.
The California Department of Justice, on March 24, 2026, released a report analyzing the fatal shooting of Elizandro Vargas by El Centro Police Department officers, concluding that the officers’ conduct did not establish a legal basis for their prosecution.
According to a press release from Attorney General Rob Bonta, the Department of Justice conducted and published the report in compliance with Assembly Bill 1506, a California law that requires certain police incidents to be investigated for potential police misconduct.
According to the report, on Aug. 31, 2023, a 911 caller reported the theft of some alcoholic beverages from a gas station. The caller followed Vargas in their car and watched as he picked up a brick.
The caller left the scene, fearing their car would be struck by Vargas’ brick.
El Centro Police Department Officers Daniel Valencia and Victor Ruiz responded to the call at 6:18 a.m. and requested additional backup.
Officer Valencia ordered Vargas to “drop the brick” multiple times, but Vargas continued moving on the street, ignoring the officer’s demands.
Following Vargas, Officer Valencia was joined by El Centro Police Department Sgt. Anthon Hernandez, who reportedly told Officers Valencia and Ruiz to “Keep in mind, it is a 488,” in reference to the Penal Code statute for petty theft.
Four minutes later, at 6:22 a.m., El Centro Police Department Officer Adrian Hirales arrived at the scene and drew a Taser, ordering Vargas to “get on the ground.”
After multiple orders, Officer Hirales holstered his Taser and equipped his handgun.
Soon after, Vargas raised the brick with his right hand, his other hand holding the stolen beverage, and aimed at Officer Hirales.
In response, Officer Hirales fired two shots at Vargas, one missing and one striking his upper chest.
The El Centro Fire Department and American Medical Response paramedics arrived at the scene after a “shots fired” call by Officer Ruiz.
At 6:43 a.m., Vargas was transported to El Centro Regional Medical Center and was pronounced dead at 7:28 a.m.
Pursuant to the Assembly Bill, the California Department of Justice conducted a thorough investigation into the incident.
After an analysis of all the evidence gathered by the California DOJ, which includes “witness interviews, law enforcement reports, analyses of firearms and ballistics, physical evidence, the autopsy and toxicology reports, BWC camera footage, photographs, and communication evidence,” the California Department of Justice found that there was not sufficient evidence to prove that Officer Hirales “did not act in lawful defense of himself or others.”
The report cited Penal Code section 835A, which states that an officer may use deadly force only when the officer believes beyond a reasonable doubt that such force is necessary “to defend against an imminent threat of death or serious bodily injury to the officer or to another person.”
DOJ concluded that the evidence was insufficient to support a criminal prosecution of the officer.
No further action will be taken on this case.
The report is required to include “recommendations to modify the policies and practices of the law enforcement agency, as applicable.”
DOJ recommends conducting “scenario-based training on pre-engagement response,” which would include de-escalation and crisis intervention tactics.
The incident inspires the need for the El Centro Police Department to amend its force policies to ensure “the level of force is proportional to the seriousness of the suspected offense.”
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