FRESNO, Calif. (KSEE/KGPE) - Over two years after a man was shot and killed by a Fresno Police officer, the California Department of Justice has announced they are not filing any charges against the officer involved in the case.
A press release from Attorney General Rob Bonta showed the California DOJ has found that the officer was justified.
The shooting happened on May 19, 2022, after 911 dispatchers got a call about an issue at a Fresno home on W. Cortland Avenue.
A woman called to say her son, Austin Flores, was likely high on drugs and was violating an emergency restraining order. She told 911 that he might be armed but added, she wasn't sure if the gun he had was real or fake.
"He brandished the gun and said if they come for me I am ready for them," the woman said on the 911 call, released by Fresno Police.
Body camera video, also released by the Fresno Police Department, shows officers arriving at the home and telling Flores to get out of a parked car in the backyard.
They tell Flores they have a police K9, and shout commands at him.
"Show me your hands," officers said on the video.
However, he didn't cooperate right away and wouldn't get out of the car for several minutes.
Officers are heard on the body camera video, explaining why they need to move to a separate part of the home, to continue protecting the Flores' mother who made the call to dispatchers.
When Flores finally did leave the car, he was pointing what looked like a gun right at the officers.
It was then that the officer shot at Flores.
The DOJ said in a 34-page report released Wednesday, that the officer fired nine rounds, ultimately killing Flores.
A few months after the shooting, a video was put together by Fresno Police Public Information Officer Bill Dooley describing the 911 call and showing the police body camera video. Dooley states officers knew Flores was known to have a gun, and that Flores had an outstanding warrant for illegal possession of a firearm.
The report from the DOJ details even more information about Flores' past and recent apprehensions by law enforcement officers.
Pictures released by police confirm that the gun turned out to be fake. California law calls for DOJ review of all cases where an unarmed civilian is killed by police.
Attorney General Rob Bonta released this statement in part today saying:
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 officers involved acted without the intent to defend themselves and others from what each of them reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.
Fresno area Criminal Defense Attorney Mark King added he understands how the DOJ came to this conclusion.
"The officer had no way to know that it was not a real weapon. He believed at that moment that his life was in danger. And the Department of Justice investigated it and they felt the officer was justified in his actions," King said.
He says he believes Bonta's statement means the evidence shows the officer was trying to defend himself, and that the report details he followed procedures and did not commit a crime.
"Anyone with half a brain is going to know if you approach a police officer with what appears to be a firearm pointed at that officer, there's a very good chance you're going to die," King said.
Fresno Police officials said they are not commenting on the report or the decision made by the DOJ.