California Department of Justice Releases a Report on Officer-Involved Shooting of Juan Carlos Chabel-Orellano

OAKLAND — California Attorney General Rob Bonta, in accordance with Assembly Bill 1506 (AB 1506), today released a new report on the investigation into the death of Juan Carlos Chabel-Orellano from an officer-involved shooting in Bakersfield, California on December 20, 2022. The incident involved police officers from the Bakersfield Police Department (BPD). The report is part of the California Department of Justice’s (DOJ) persistent efforts to promote transparency, accountability, and trust in law enforcement practices. The report offers a comprehensive analysis of the incident that details the DOJ’s findings. After a thorough investigation, the DOJ concluded that criminal charges against the involved officers were not appropriate in this case. 
 
“Incidents like these remind us that there is still room to strive towards a safer California,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards safer communities. Together, we aim to foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities.”

On December 20, 2022, BPD responded to a call of an adult male threatening to shoot a railroad employee near a homeless encampment. When officers approached Mr. Chabel-Orellano, he pointed a gun in an officer’s direction and fled, leading BPD officers to shoot in his direction. Mr. Chabel-Orellano retreated into a tent encampment and did not comply with officers’ commands. Mr. Chabel-Orellano instead raised and lowered the tent flap, leading to the officers firing again. As he fled from the encampment, officers believed him to still be armed, and they fired more rounds. None of these rounds struck Mr. Chabel-Orellano. Officers pursued him by foot and by vehicle, and other officers stationed themselves in the direction that Mr. Chabel--Orellano fled. Mr. Chabel-Orellano walked in the direction of the officers while holding a metallic object in his hand and did not comply with officers’ commands. Officers fired their weapons, and Mr. Chabel-Orellano fell to the ground. As he sat up with his hands not visible to the officers, officers fired several more rounds. After the incident, they discovered the metallic object was a knife. The pistol he initially pointed was later found discarded near the encampment.

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 there is insufficient evidence to prove, beyond a reasonable doubt, that the officers involved acted without the intent to defend themselves and others from what they reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officers, and no further action will be taken in this case.

As part of its standard investigation, the DOJ has identified ten recommendations related to this incident. The first is that BPD should provide additional training regarding firearms safety, awareness of surroundings before shooting firearms, and identification of targets before firing. The second recommendation is that BPD amend their use of force policy and provide training on the duty, when feasible, to allow subjects an opportunity to respond to a deadly force warning before using deadly force. The third recommendation calls for BPD to provide detailed training on when deadly force can appropriately be used on a fleeing suspect. Recommendation four proposes that BPD implement training on the legal standard of when deadly force is authorized based upon an imminent threat of death or serious bodily injury, as outlined in Penal Code section 835a. The fifth recommendation is that BPD ensures that its officers comply with the policy requirement that they activate their body-worn camera when in the field. The sixth recommendation is that BPD provide additional de-escalation training. Recommendation seven suggests that BPD provide training to its officers on the policy requirements for muting audio on body-worn cameras. The eighth recommendation is that the BPD amend their policy to require officers not to discuss a shooting with fellow officers before providing a formal criminal or administrative statement to authorized personnel. The ninth suggests that BPD modify its de-escalation policy to comply with state law, requiring that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force, when feasible. Finally, the tenth recommendation is that BPD train its officers to effectively communicate with subjects who might not understand English.

Here is a copy of the report.