OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), released a report today on Che Noe Zuniga Jr.’s death from an officer-involved shooting in Bakersfield, California, on August 7, 2021. The incident involved officers from the Bakersfield Police Department (BPD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. It provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.
“Loss of life is always a tragedy,” said Attorney General Bonta. “We acknowledge that this incident posed challenges for all parties involved, including Mr. Zuniga’s family, law enforcement, and the community. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”
On August 7, 2021, officers from BPD were searching a residential neighborhood for Mr. Zuniga after he had been involved in a car chase and had exchanged gunfire with police officers on a public street. During the search, a police officer came across a trash can in the backyard of a residence that appeared to have a bulge in which he suspected Mr. Zuniga may be hiding. When police officers converged in the backyard, Mr. Zuniga emerged from the trash can and ran directly at police officers when he was fatally shot.
Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show beyond a reasonable doubt that the officer involved acted without intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officer. As such, no further action will be taken in this case.
As part of its investigation, DOJ has identified several policy recommendations aimed at preventing similar incidents in the future:
1. Activation of body worn cameras: It is recommended that BPD amend its policy to specifically provide that “enforcement activity” includes vehicle pursuits; thus officers must activate their body worn cameras at the time they begin such pursuits. BPD should also evaluate whether it provides sufficient training on activation of body worn cameras.
2. Muting the audio of body worn cameras: It is recommended that BPD emphasize current policy requirements across the department and ensure all officers are trained on appropriate circumstances for muting body worn camera recordings, required actions prior to effectuating a mute, and allowable duration of a mute.
3. Ensuring officers do not discuss shootings among themselves before making statements: BPD’s current policy does not define “authorized personnel or representatives,” leaving open the possibility that officers may discuss shooting incidents with other officers at the scene. It is recommended that BPD amend its policy to explicitly state that following an officer-involved shooting, officers may not discuss it with other officers except to provide public safety statements prior to providing formal criminal or administrative statements.
A copy of the report can be found here.
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