The San Diego District Attorney’s office announced on Dec.17 it cleared nine police officers of criminal liability in use-of-force incidents involving three unrelated shootings and one in-custody death.
A review outlines all four incidents which involved the San Diego, Escondido and Chula Vista police departments, as well as the San Diego County Sheriff’s Department.
All of the shootings were deemed legally justified by the DA’s office. The lack of “significant acute trauma” led the DA’s office to clear officers of the in-custody death.
The incidents include:
Oral Nunis, a 56 year old man who stopped breathing and went into cardiac arrest after being placed in a maximum restraint WRAP device.
Police were called by one of Nuni’s daughters shortly before midnight on March 12, 2020 who reported Nunis attempting to jump out of a home’s second-story window. Nunis attempted to flee from arresting officers, who tackled him to the ground and handcuffed him according to the DA’s review.
A mesh fabric sack was placed over Nuni’s head after “he began spitting onto the ground,” the DA’s review states. Nunis was placed into an ambulance where he stopped breathing and went into cardiac arrest. Nunis was taken to Sharp Chula Vista Medical Center, where he died.
The DA’s review cleared Chula Vista Police Officers Evan Linney, Manuel Padilla, Brian Olson, David Rivers and Jordan Salvador of culpability, stating that “there was no evidence of significant acute trauma identified by the medical examiner that would have been a contributing factor in Nunis’ death.”
The DA’s Office stated that Nunis was breathing and able to talk after force was applied, which did not involve knees to Nunis’ neck, head or back. Nunis’ family members have filed wrongful death lawsuits against the City of Chula Vista and the five officers involved at both San Diego state and federal courts.
Steven Willson, a 69 year old man who was hospitalized on Feb. 25 with gunshot wounds to his left lower groin, buttock and thigh after an encounter with a police officer near the Gaslamp Quarter.
A pedestrian flagged down officer Kelly Bekser after seeing a homeless man, later identified as Wilson, who was armed with a knife. Besker located Willson, who denied having a knife, near the intersection of Third Avenue and G Street.
Bekser confronts Willson about the knife, but Willson told the officer to “back off” according to the DA’s review. When Wilson turned away, Beaker saw the knife out of his back pocket and demanded not reach for the knife.
Wilson pulled a five-inch blade out of his pocket and dropped the knife as Besker fired three times. The DA’s review states the men were four feet away from one another when Besker opened fire.
A DA’s review states “Beaker Stated he did not consider any other force option because the knife presented a deadly force situation”.
Steven Olson, a 59 year old man fatally shot on April 21 by Escondido Police officer Chad Moore who alleged Olson had made advances on the officer while holding a crowbar near the intersection of Broadway and Second Avenue.
Moore asked Olson on multiple occasions to put the crow bar down, according to the DA’s office. During his instruction, Moore also made advances warning Olson to drop the weapon or he would get shot.
The officer opened fire once Olson came within striking distance of Moore. The DA’s review states the officer “feared Olson would strike him with the crowbar.”
The DA’s review alleges Moore did not have time to switch from his firearm to a less-lethal option such as a stun gun. The review also alleges that Moore, who was also a K-9 officer, could not use his police dog because it posed a potential danger to nearby bystanders.
Eric Anderson, a 40 year old man who was fatally shot on June18 by San Diego County Sheriff's deputies in Encinitas after pointing a handgun at an officer.
Shortly after 8 a.m., San Diego County sheriff's deputies James Clone and Sean Zappia responded to a report of a man sleeping in a vacant lot.
According to the DA’s review, Anderson fled the scene as officers checked for arrest records. Anderson was struck multiple times by both deputies during the pursuit. The DA’s review stated Anderson had pointed a handgun at Zappia prompting both deputies to open fire.
The DA’s office stated Anderson “created a deadly force situation by pointing a handgun at Zappia”, and both deputies were cleared of criminal liability.
