SANTA ANA, Calif. — The California Department of Justice has found insufficient evidence to file criminal charges against Santa Ana police officers in the fatal shooting of Noe Rodriguez Martinez in December 2024, while also recommending several policy changes for the Santa Ana Police Department. The decision concludes a state investigation conducted under Assembly Bill 1506, which requires the California DOJ to independently investigate officer-involved shootings rather than leaving those investigations to local law enforcement.
According to a California DOJ report, the confrontation began Dec. 1, 2024, in downtown Santa Ana after local authorities received emergency calls about a man allegedly holding a shotgun in a public area. After locating the individual, later identified as Noe Rodriguez Martinez, Santa Ana Police Department officers repeatedly ordered him to put down the weapon.
Investigators stated that Martinez refused to comply with the officers’ commands and began raising the object toward them. SAPD officers responded with deadly force, fatally shooting Martinez. A subsequent examination of the scene revealed that the alleged firearm Martinez was holding was actually “a replica pump-action shotgun.”
According to NewsNation, as of 2024, “12 people have been killed by police while in possession of a replica gun, which have similar weights, finishes and markings as a real gun.” Despite firing nonlethal projectiles, the primary danger is that police officers may mistake replica firearms for real weapons and fatally shoot the person carrying them.
The shooting prompted the California DOJ, under AB 1506, to investigate the incident and determine whether the officers’ actions were legally justified, serving as an independent check on local law enforcement agencies.
The press release stated that the California DOJ found insufficient evidence to bring criminal charges against the officers. Because the officers reasonably believed they, or members of the public, faced a risk of death or serious bodily injury from what appeared to be a firearm, state officials concluded that “no further action will be taken.”
While clearing the officers of criminal wrongdoing, the DOJ’s report identified several deficiencies in how the incident was handled and outlined three policy recommendations for SAPD to implement.
First, the state urged SAPD to reexamine and revise its firearms training, specifically calling for improved situational backdrop awareness to reduce the risk to bystanders.
The second recommendation advised SAPD to train officers on the “continued use of force on persons who appear to have been rendered unconscious or incapacitated by bullets,” and to rely on less-lethal weapons in such circumstances to reduce the likelihood of fatal shootings.
Finally, the DOJ called for enhanced emergency medical response protocols so officers can administer medical assistance following a force encounter with an armed individual.
In a public statement accompanying the press release, California Attorney General Rob Bonta said the investigation’s findings provide “closure for the community, law enforcement and the family of Mr. Martinez.”
Bonta described AB 1506 as “a critical transparency and accountability tool,” adding that the DOJ’s investigative efforts are intended to “foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities.”
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