Anaheim police officers acted with intent to defend themselves and others in the 2021 fatal shooting of Brandon Lopez in Santa Ana, a report released Wednesday by California Attorney General Rob Bonta found.
Lopez, 34, led police on a high-speed pursuit in September 2021 in Santa Ana after the car he was driving was reported stolen and officers discovered three warrants out for his arrest, including one for armed robberies, officials said. The pursuit ended when Lopez’s car stalled in a construction zone near the 1200 block of West Santa Ana Boulevard.
Video footage released in a critical incident briefing by Anaheim police two months after the shooting showed that at 6 p.m. a Santa Ana police officer said Lopez, who was still inside the car, had a gun in his right hand.
After three hours of negotiating with Santa Ana police, Anaheim SWAT and tactical negotiators took over and worked for an additional hour to no avail
Around 9:30 p.m., a family member at the scene told a Santa Ana police officer that Lopez previously had said to another family member that he wanted to commit “suicide by cop,” according to the report. Other officers were relayed the message that Lopez “wants the cops to kill him.”
When Lopez emerged from the car after police fired gas into the vehicle to force Lopez out and end the hours-long standoff, footage showed he was holding a narrow, black object which officers believed to be a gun.
Multiple officers yelled for him to put his hands up, before one officer yelled, “Gun! Gun! Gun!”
Four Anaheim officers opened fire, according to the report.
No firearm was recovered from Lopez or inside the vehicle, according to the Department of Justice. The black object he was holding was a black drawstring bag with an empty, crumpled water bottle inside.
“The loss of life is always a tragedy. We understand that this incident was difficult for everyone involved, including the family of Mr. Lopez, law enforcement, and the community at large,” Attorney General Bonta said in a statement on Wednesday. “We hope that this report will provide some clarity and help us move forward together towards a safer, more just California.”
After conducting an independent investigation of the shooting, the California Department of Justice announced on Wednesday that there was insufficient evidence to pursue a criminal prosecution of the officers.
Santa Ana City Councilman Johnathan Ryan Hernandez, Lopez’s cousin, previously said Lopez dealt with mental health issues since he was a child and was suicidal. He called the shooting a murder.
Family members of Lopez filed a wrongful death lawsuit against the cities of Anaheim and Santa Ana in 2022, with claims of excessive force and negligence, among others, but a judge later found them not liable in the death.
“We never want to see any loss of life and continue to extend our thoughts to the family, our Santa Ana colleagues, the officers involved and all reliving this incident. This report is part of a process of better understanding what happened. It shows the difficult and complex situations our police can encounter. ” Anaheim Chief Communications Officer Mike Lyster said in a statement. “We welcome the report’s confirmation that our officers acted lawfully and with intent to protect themselves and the public.”
The California Department of Justice included several policy recommendations in its report, including the Anaheim Police Department creating further guidelines in de-escalation and the use of flashbangs and chemical agents; additional officer training for when confronting barricaded suspects; and developing policies and training on rendering medical aid.
