Memorandum Date: July 12, 2000 To: Santa Barbara County News Media From: — Thomas W. Sneddon, Jr., District Attorney & Christie Schultz, Assistant District Attomey Subject: Hector Florentino Shooting Incident cc: This office has reviewed the fatal shooting of Hector Florentino that occurred on May 27, 2000. The shooting occurred at the 800 block of Lincoin Street in the City of Santa Maria. Mr. Florentino was shot by Detective Corporal Greg Carroll. The Santa Barbara Sheriff's Department at the request of the Santa Maria Police Department investigated this case. In coming to our conclusion in this case this department formed a shooting review team composed of Assistant District Attorney Christie Schultz, Senior Deputy District Attomey Steven B. Plumer, Deputy District Attorney Mag Nicola and District Attorney Thomas W. Sneddon, Jr. The team reviewed all of the information gathered by the Santa Barbara Sheriff's Department during the Sheriff's comprehensive investigation of this shooting, This document reflects the unanimous opinion of the team. We conclude that in light of the applicable legal principles and the totality of the facts disclosed by this investigation, that Detective Carroll's actions were justified Under the circumstances that existed at the time, we are of the view that the officer should not be expected to assume the risk in the face of reasonable apparent imminent life threatening danger to himself and his fellow officer. The following findings relating to the deadly use of force by Detective Carroll are worth mentioning as factors in our conclusion. 1. Decedent, Hector Florentino had shot and wounded Charles Aguilar Escobedo minutes earlier outside a 7-11 Store on Blosser Road. (On June 1, 2000 Escobedo died from that wound.) 2. Detective Corporal Greg Carroll followed the 1983 Nissan Sentra, described as being driven from the scene by Florentino, to the 800 Block of Lincoln Street. He received confirmation from dispatch that this was the suspect vehicle and Carroll requested back up.3. Before back up arrived the Nissan swerved sharply to the East Side of Lincoln Street and stopped facing north. Carroll pulled behind about two car lengths in an offset position and used his spotlight to illuminate the interior portion of the Nissan. He saw three occupants, 4. Detective Corporal Carroll watched as the right front passenger opened up the passenger door and the driver leaned forward and to the right towards the floorboard. Carroll believed the driver was reaching for a gun or hiding a gun, based on the information from dispatch that this car was seen leaving the scene of the shooting. 5. The right front passenger got out of the car and walked toward the sidewalk. Carroll opened his driver's door, positioned himself behind it and pulled his gun. He pointed it at the passenger near the sidewalk, Detective Carroll yelled in English and Spanish commands for the passenger to not move, get back in the car and put your hands on your head repeatedly. Carroll continuously identified himself as the police. He yelled these things to the two still in the car who appeared to be coming out. 6. As the driver, Florentino, got out of the car, Carroll could see that he had a handgun in his right hand. Carroll could see that the hammer on that handgun was in fact cocked. Florentino faced Carroll with both arms at about chest level, and the gun was pointed away from Carroll, Florentino continued to walk toward the middle of the roadway and somewhat closer to the front of his car. At the same time the right rear passenger got out of the Nissan. Both of the passengers proceeded south along the sidewalk area toward Carroll's car. 7. At about this time Lt. Paul Bonaventure pulled up on Lincoln Street on the West Side facing south just across from the suspect vehicle, Bonaventure yelled in English, “Police. Drop the gun.” Bonaventure was still seated in his car. He watched as Florentino raised the cocked automatic handgun and pointed it at him. Florentino was about 15 feet away from Lt. Bonaventure. 8. Lt. Bonaventure pulled his gun as he was still seated in his car. Florentino did Rot respond to any of the commands. As Florentino pointed his gun directly at Bonaventure, Bonaventure, while still seated in the car fired two rounds at the suspect. Lt. Bonaventure heard two rounds and believed that they were the two rounds he fired since he recalled the recoil twice. 9. Detective Carroll stated that at that same time he immediately started fearing for his partner's safety, knowing that the hammer on the semi automatic handgun was cocked and now pointed at his partner. Detective Carroll fired ‘one round from his handgun at the chest area of Florentino. Carroll said heheard two rounds being fired, one from his own weapon and then one from his partner's weapon. 10. Florentino fell to the ground and his handgun fell to the ground beside him the handgun was cocked and loaded, with a round in the chamber at the time. A later autopsy concluded a single gunshot wound to the chest was the cause of death. 11. Ballistics later confirmed that the bullet that was the cause of death of Hector Florentino was fired from the gun belonging to Detective Carroll. Apparently the first round fired by Lt. Bonaventure and the round fired by Detective Carroll were fired simultaneously. Only the round fired by Detective Carroll ‘struck Florentino. We conclude that the officers were justified in using deadly force in response to the deadly force threatened by Florentino, who was a suspect in an attempted murder investigation.