**KSBY News has made redactions to the provided documents so as not to identify officers involved in shootings who have been cleared by the District Attorneys’ offices. Most of the law enforcement departments made redactions to conceal the identity of witnesses’ names and addresses. Additionally, the departments that provided video and pictures are provided below. We have requested, but have not yet received, videos from the departments that did not provide them under Senate Bill 1421.
San Luis Obispo County
Arroyo Grande Police Department:
The City of Arroyo Grande stated it does have records for an officer-involved shooting but can not release them at this time as the case is pending in court stating, “If criminal charges are filed related to the incident in which force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.”
Date of Incident: August 25, 2016
Type of Incident: Officer-Involved Shooting
Summary: KSBY News coverage at the time stated Christopher Allen, 46, was shot four times after allegedly trying to rob and carjack victims at knifepoint at a convenience store on Grand Avenue. He was confronted by police near Grande Avenue on the northbound Highway 101 onramp. Police stated at the time of the incident that Allen was shot after charging at officers while armed with a knife.
Outcome: Allen was treated for injuries, has pleaded not guilty by reason of insanity and is scheduled to return to court for doctor’s reports on July 10. The District Attorney’s Office found the shooting was justified.
The agency also released two reports involving K-9 dog bites during arrests.
Date of Incident: July 4, 2013
Type of Incident: Use of Force – K-9 officer used in suspect detention
Summary: Officers in Grover Beach were attempting to arrest Mark Alvarez, 26, for an outstanding warrant. According to the reports, Alvarez tried to punch an officer and fled. A search began near a neighborhood near Grover Beach Elementary School. Grover Beach police requested assistance from the Arroyo Grande K-9 unit. During the house to house search, Alvarez was found in a shed by a K-9. Alvarez was bitten in his left armpit.
Outcome: Alvarez was treated at the hospital for injuries sustained by the K-9. He was booked into jail for the outstanding warrant. An internal review found the use of the K-9 was justified and followed police policy.
Click here to view the documents related to this incident released by the Arroyo Grande Police Department.
Date of Incident: March 17, 2016
Type of Incident: Use of Force – K-9 officer used in suspect detention
Summary: Officers were searching for Thomas Hittle, 42, who was accused of assault with a deadly weapon. The victim told officers he had been struck in the head with a beer bottle by Hittle, breaking two of the victim’s teeth. Hittle was found near the intersection of Strawberry and Boysenberry Avenue by two officers. According to reports, Hittle resisted commands to get on the ground because “he didn’t do anything.” He was reportedly yelling with clenched fists. When threatened with the use of a K-9, Hittle reportedly got to the ground, but continued to struggle with officers and refused to put his hands behind his back. Two officers were trying to physically restrain Hittle when one officer released the K-9 from the car. Hittle sustained dog bits to his head, left ear and shoulder during his arrest.
Outcome: Hittle was treated at a hospital. He was later booked on assault charges. An Internal review found the use of the K-9 was justified and followed police policy.
Click here to view the documents related to this incident released by the Arroyo Grande Police Department.
No other applicable records under the law for any disciplinary issues for sexual misconduct or dishonesty.
Atascadero Police Department:
Date of Incident: July 4, 2016
Type of Incident: Officer-Involved Shooting
Summary: Gary Reynolds, 58, was shot by police during a confrontation following a car crash. The reports state Reynolds intentionally crashed his car into a building multiple times in the 5600 block of El Camino Real. When police arrived, Reynolds was out of his vehicle and swung a metal pole at an officer. Officers tried three times to use less lethal means to stop Reynolds and take him into custody. According to the report, “In fact, the Tasers and 40mm projectile launcher had little to no effect at all. Gary Reynolds acted aggressively and pursued (the sergeant) swinging a metal pole at him, forcing (the sergeant) to make a split-second decision to fire his weapon at Mr. Reynolds.” Reynolds was shot once in the stomach.
Outcome: Suspect was treated for his injuries, convicted of several felonies and sentenced to 6 years and 8 months in prison. The District Attorney’s Office found the shooting was justified.
Click here to view the documents related to this shooting released by the Atascadero Police Department.
No other applicable records under the law for any disciplinary issues for sexual misconduct or dishonesty.
Grover Beach Police Department:
Date of Incident: July 12, 2017
Type of Incident: Officer-Involved Shooting
Summary: Kenneth Allen Eustace, 58, was shot by Grover Beach police officers following a disturbance on the 1000 block of Brighton Avenue. A resident at the home told KSBY News at the time that Eustace was knocking on her door and asking her out. When officers arrived, they said Eustace was holding a two-foot-long metal pipe that had a nail on one end and a rope on the other and was threatening to kill the officers. Attempts to tase Eustace were unsuccessful. After repeated warnings to not go inside the home, police said Eustace began swinging the pipe “in an aggressive manner” toward one of the sergeants, eventually hitting the sergeant’s patrol car while the sergeant was standing behind it. The report stated that Eustace continued to advance on officers and after repeated warnings from the sergeant, he fired his weapon when Eustace began walking toward him and came within 10 feet of the sergeant.
Outcome: Eustace died at the scene. The District Attorney’s Office found the shooting was justified.
Click here to watch the police body cam footage of the incident. The video is edited for language and to end just before the officer fires his weapon.
Click here to view the documents related to this shooting released by the Grover Beach Police Department.
No other applicable records under the law for any disciplinary issues for sexual misconduct or dishonesty.
Morro Bay Police Department:
Date of Incident: October 30, 2015
Type of Incident: Officer-Involved Shooting
Summary: Alec Stephenson, 20, was shot by police during a confrontation following a traffic stop and burglary. A Morro Bay police officer saw Stephenson riding his bicycle near the location of the burglary at 335 Quintana Place. The officer tried to get him to stop his bicycle, when Stephenson refused, the officer used his patrol car to “bump” the back tire of the bike. Stephenson got off the bike and ran at the officer trying to get out of his patrol car and struck him with a stick. After briefly struggling to get his gun out of his holster, the officer, who was wounded and bleeding, shot Stephenson once and then detained him.
Outcome: The suspect was treated for his injuries and on April 6, 2016, Stephenson pleaded no contest to felony battery on a peace officer with injury with a special allegation for personal use of a deadly or dangerous weapon. On May 4, 2016, Stephenson was sentenced to three years of formal probation and ordered to serve 311 days in the county jail. The District Attorney’s Office found the shooting was justified.
**Note: An internal report also cleared the officers involved but added, “The incident underscores the importance of recurring, realistic training in emergent call coordination, radio communications and weapons manipulation under stress, especially in an agency that is seldom forced to exercise these skills during day to day operations.”
Click here to watch the police dash cam footage of the incident.
Click below to view the documents related to this shooting released by the Morro Bay Police Department (coming soon):
No other applicable records under the law for any disciplinary issues for sexual misconduct or dishonesty.
San Luis Obispo Police Department:
Date of Incident: February & October 2013
Type of Incident: Termination, July 10, 2017
Summary: Officer Kevin Waddell was advised that he was being terminated on September 9, 2014, for 4 counts of misconduct. After multiple civil hearings, the termination was upheld on July 10, 2017, on 3 counts of misconduct that include knowingly making a false verbal statement, failing to punctually report for duty and engaging in conduct that was detrimental to the reputation of the Department. A count of tampering with a vehicle without the owner’s consent was found to be unsubstantiated.
Waddell was investigated for two incidents:
- Oct. 19, 2013, his superiors said he lied about receiving permission to report to duty a half hour late
- Feb. 22, 2013, his supervising sergeant said Waddell tried to remove a wheel cover from a vehicle at the scene of an accident as a “prank.”
Outcome: The City Council upheld the termination.
Click below to view the documents related to this case:
- Discipline Appeal Hearing Final Order
- San Luis Obispo County Superior Court Decision – Kevin Waddell vs. City of San Luis Obispo
- San Luis Obispo County Superior Court Judgment – Kevin Waddell vs. City of San Luis Obispo
Date of Incident: September 2009
Type of Incident: Termination, August 2015
Summary: Officers Daniel McDow and Armando Limon were arrested at the San Ysidro Port of Entry in September of 2009. McDow was fired in August of 2010 after he pleaded guilty to federal misdemeanor charges of transporting misbranded prescription drugs across the US/Mexico border.
McDow was ultimately terminated for “conduct detrimental to the Department, absence from duty, unauthorized use of sick leave, violation of Department policy and engaging in conduct tending to discredit or dishonor his position with the City.”
McDow pursued multiple appeals of his termination.
Limon was also terminated.
Outcome: The California Court of Appeal upheld the firing in 2015.
Click below to view the documents related to this case released by the San Luis Obispo Police Department:
- City Council Final Order – Daniel McDow vs. San Luis Obispo Police Department, City of San Luis Obispo
- Judgment – Daniel McDow vs. City of San Luis Obispo
- Remittur – Daniel McDow vs. City of San Luis Obispo
No other applicable records under the law for officer-involved shootings or use of force.
San Luis Obispo County Sheriff’s Office:
Date of Incident: January 24, 2017
Type of Incident: Officer-Involved Shooting
Summary: Josue Gallardo, 34, was shot by deputies after a late-night traffic stop on Highway 101 in Atascadero. Gallardo had a warrant out for his arrest for a domestic violence incident. A deputy recognized Gallardo and pulled him over. In the video released by the department, as one deputy approached the driver’s side of the suspect’s vehicle, he can be heard telling Gallardo, “I need to see your hands right now, please.” Gallardo is heard in the video saying, “shoot me, I don’t care.” The deputy can be heard responding, “I don’t want to shoot you, I don’t know you.”
Another deputy stood on the passenger side of the vehicle and said he saw Gallardo pull a gun from his waistband and reach across his torso with it, which is when he opened fire. At that point, the deputy on the driver’s side also opened fire. In the report, it is stated that the deputy on the driver’s side believed he fired nearly a complete magazine, which holds 23 rounds. The deputy on the passenger side stated in the report he stopped firing his gun when he saw the suspect slump over in his seat. The coroner’s report stated Gallardo was shot 12 times. The coroner’s report also stated ethyl alcohol and cocaine was detected in Gallardo’s system.
Outcome: Josue Gallardo was pronounced dead at the scene. The District Attorney’s Office found the shooting was justified. A civil lawsuit by Gallardo’s wife is pending.
Click here to watch the dash cam footage of the incident.
Click below to view the documents related to this shooting released by the San Luis Obispo County Sheriff’s Office:
Related coverage:
Paso Robles man killed in 2017 officer-involved shooting pulled BB gun on deputies, was suicidal, report shows
Video just released in deadly deputy-involved shooting in Atascadero
Family of slain Paso Robles man shot by deputies responds to video of shooting
Date of Incident: August 2014
Type of Incident: Termination
Summary: Deputy Anthony Maez was fired in November 2014, after an internal investigation discovered discrepancies in a written report about a fight the deputy responded to while on duty August 6, 2014.
The deputy had been suspended two times in 2012 – once for gaining entrance for his kids and friends into a Mid-State Fair concert without buying tickets and once for getting paid for working two hours at Lake Lopez after being dropped off at a personal campsite to spend time with family. The report states, “This conduct, in the context of your personnel history, constitutes incompetence. You are unsuited to the position of deputy sheriff because you lack the qualities necessary for effective action in the position.”
Outcome: Termination upheld.
Click here to view the documents related to this case released by the San Luis Obispo County Sheriff’s Office.
Date of Incident: November 26, 2018
Type of Incident: Termination
Summary: A correctional deputy, Richard Van Pelt, was fired in November 2018 when audits of his workday uncovered discrepancies with his safety checks at the jail and for leaving the jail dorm unattended longer than the 5 minutes allowed under policy. The correctional deputy had been suspended in March 2017 for a similar issue. “The Sheriff’s Office has the responsibility to ensure a safe environment for inmates and employees. Your negligence jeopardized the safety of the inmates. After taking into consideration the seriousness of the sustained allegations against you coupled with your inability to learn from your past mistakes, termination is the only appropriate penalty.”
Outcome: Termination upheld.
Click here to view the documents related to this case released by the San Luis Obispo County Sheriff’s Office.
Paso Robles Police Department:
No applicable records under the law for officer-involved shooting, use of force, sexual misconduct or dishonesty.
**Note: Records involving former sergeant Christopher McGuire who was accused, but not convicted, of sexual assault were not released due to the fact he resigned before an internal ‘sustained finding’ inquiry was complete.
Related coverage:
KSBY News Investigation: Loophole protects law enforcement officers under review
Pismo Beach Police Department:
No applicable records under the law for officer-involved shooting, use of force, sexual misconduct or dishonesty. The department says there are no records at all.
Santa Barbara County
Guadalupe Police Department:
No applicable records under the law for officer-involved shooting, use of force, sexual misconduct or dishonesty.
Lompoc Police Department:
Date of Incident: February 7, 2015
Type of Incident: Officer-Involved Shooting
Summary: Reports released by the department were limited, but according to KSBY News reports at the time of the shooting, an officer shot an armed 17-year-old boy once in the upper body. Earlier on the day of the shooting, officers had responded to a fight involving the teen and his brother. The report stated the teen escaped and hospital personnel warned of him being dangerous, but this is all the information given regarding that statement. It’s unclear how the officer came into contact with the teenager, but when he did, the report stated the suspect was armed with a knife. The report also stated the officer gave loud and clear verbal commands to drop the knife and that he fired one shot when the suspect was non-compliant and aggressively advanced toward the officer.
Outcome: The District Attorney’s Office found the shooting was justified.
The Lompoc Police Department’s Use of Force Board recommended more shoot-on-the-move training, which it had not done prior to the shooting. It also made recommendations to improve protocol during officer-involved shootings such as dispatch communication, notification of police administration and staying with the suspect at all times until relieved.
Click here to view the documents related to this shooting released by the Lompoc Police Department.
Date of Incident: November 21, 2016
Type of Incident: Officer-Involved Shooting
Summary: Michael Ducaine Giles, 27, was shot by police after a foot pursuit prior to a confrontation at a Lompoc business. The report stated that Giles was drunk and caused a disturbance at Jet Action Coin Laundry. Witnesses had reported that Giles was threatening to get physical and holding a bottle of vodka. When officers arrived, Giles took off running. Officers found him hiding underneath a utility truck. One officer saw a knife sheath on Giles’ belt and told him not to touch it. The report went on to state Giles then pulled out the knife and took off running again. He was again located next to another building, holding the knife and took off running. He was then spotted on the bike path near Embassy Suites. A third officer located Giles underneath some bushes on the bike path and gave orders to drop the knife, according to the report. The officer said Giles then lunged at him with the knife in hand and the officer fired two rounds at Giles, hitting him in the upper right torso and his right arm.
Outcome: Giles was pronounced dead at a local hospital. The District Attorney’s Office found the shooting was justified.
As a result of the shooting, The Lompoc Police Department’s Use of Force Board made several recommendations such as the need for all officers to carry bulletproof vests in their vehicles, a reminder to all officers about the dangers of using social media after a shooting and discouraging them from using personal cell phones to record evidence.
Click here to view the documents related to this shooting released by the Lompoc Police Department.
Date of Incident: August 1, 2017
Type of Incident: Officer-Involved Shooting
Summary: Steve Aguilar, 48, was shot at by an officer while Aguilar was in a moving car after police responded to a domestic violence call. The report stated three officers responded to the scene to find Aguilar in a vehicle and that he refused to get out of the car. One officer drew his gun, yelling for Aguilar to stop the vehicle. It stated Aguilar was driving and reversing and attempting to escape. As the vehicle traveled toward the officer, the officer fired two shots. He fired two more shots as he lost his footing. The suspect was not hit, although it is not clear how many bullets struck the vehicle because the report stated only, “the bullet impacts on the vehicle” but does not mention the number of impacts. After the shooting, the suspect was tased and arrested following a brief foot pursuit.
Aguilar filed a complaint against the officer for recklessly discharging his firearm and lying to cover it up. In his complaint, Mr. Aguilar said he was not trying to hit the officer with the vehicle but was only trying to drive away from his combative ex-girlfriend and the police officer who had his gun drawn. He said the officer placed himself in front of the vehicle with the intent of shooting and disabling the vehicle to prevent Aguilar from driving away. Aguilar also stated the officer began shooting several rounds into the vehicle and one round was fired into the air as the officer stumbled backward. He also stated the officer lied about a conversation the two had.
Outcome: Aguilar was convicted and sentenced to 32 months in state prison for resisting arrest with special enhancements for committing a felony and having been previously convicted of one or more serious or violent felony offenses. The Lompoc Police Department’s Use of Force Board found the shooting was with within department policy.
The board did recommend improved radio communication, a policy that requires officers take leave after an officer-involved shooting until cleared by a psychologist, and including involved dispatchers during debriefing and contacting the District Attorney to assist detectives with their investigation.
Click here to view the documents related to this shooting released by the Lompoc Police Department.
Date of Incident: November 19, 2017
Type of Incident: Officer-Involved Shooting
Summary: Geronimo Vicente Santos was shot and killed by officers after they said he killed a man in the victim’s tent in the Santa Ynez Riverbed. After reports of the shooting, police officers started a search for Santos. According to the report, Santos was found by an officer on North A Street who ordered Santos to “stop and show your hands.” By this time, a second officer arrived when the report stated Santos pulled a gun from his waistband. A third police car arrived on scene with two officers in the car. One of the officers in the third car shot toward Santos. Santos then reportedly shot toward one of the officers. All officers on scene then opened fire. At this time, a fifth officer arrived on scene and also fired at Santos. The officers stopped shooting when Santos was on the ground. He was shot a total of eight times and was pronounced dead at a local hospital.
Outcome: The District Attorney’s Office found the shooting was justified.
The Lompoc Police Department’s Use of Force Board made recommendations to increase effectiveness in emergencies. They include incorporating “background training” and the consequences of not knowing your background behind the intended target and discussing during firearms training the dangers of shooting from a moving vehicle and its inaccuracies.
Click here to view the documents related to this shooting released by the Lompoc Police Department.
Santa Maria Police Department:
After initially declining to release records that pertain to our request due to the legal retroactive questions surrounding the SB 1421, the department then stated it would comply: “While Attorney General Becerra has indicated that the ruling does not hold precedential effect and is continuing to withhold records created prior to January 1, 2019, the City has determined that it will release records created prior to January 1, 2019, once those records have been reviewed by staff, barring unforeseen developments in the case law or interpretation of SB 1421 during the review process. The City is aware that certain of the records in its possession, which resulted from investigations conducted by the Santa Barbara County District Attorney’s Office, have previously been released to the public by that office. The City will make these records available first, after confirmation that the records in the City’s possession have in fact been released by other agencies in the past.”
KSBY is still waiting for any records to be released from the Santa Maria Police Department.
Santa Barbara Police Department:
Date of Incident: August 24, 2017 – September 22, 2017
Type of Incident: Termination, July 2018
Summary: Officer Crystal Bedolla was fired for “dishonesty, acts that obstructed or harmed public service and inattention to duties” according to the documents released by the police department. The reports detail 4 separate examples of issues that led to the termination including a written report discrepancy and insubordination.
Those incidents include incorrectly handling a stolen vehicle report putting the victim in danger and misrepresenting the facts; proceeding with a sexual assault investigation at a Carpinteria school and contradicting a sergeant’s order to stand down; contradicting a sergeant’s orders regarding when to finish reports on two occasions; and not reporting a crime in order to attend a meeting and providing contradictory statements in regards to a parking enforcement incident.
The report states, “Police officer integrity is vital to effective law enforcement, thus, even a single act of dishonesty by a peace officer warrants termination as an officer who lacks credibility cannot perform his or her duties.”
Outcome: Termination upheld
Click here to view the documents related to this case released by the Santa Barbara Police Department.
Santa Barbara County Sheriff’s Office:
In an emailed response to our records request, the Santa Barbara County Sheriff’s Office stated it has officer-involved shooting records that pertain to our request but they are declining to release them at this time. The sheriff’s office said the legal question of retroactive records is at the heart of the denial stating, “Any information found is confidential and exempt from public disclosure….” until the issue is definitively determined by a court of law.
No other applicable records of any officers disciplined for sexual misconduct or dishonesty.
