State Attorney General Rob Bonta has issued a report clearing Anaheim police officers in the September 28, 2021 shooting death of Brandon Lopez in Santa Ana.
Lopez led Anaheim police on a high-speed chase in a stolen vehicle. Lopez had three outstanding arrest warrants, including one for armed robbery. The pursuit ended in when the stolen car Lopez was driving stalled in a construction zone in Santa Ana.
After three hours of fruitless negotiation with Santa Ana police, the Anaheim police took over the scene and negotiated futile for another hour. Police believed Lopez was armed.
The police ultimately fired gas into the car to force Lopez out. He emerged around 10:00 p.m. holding a narrow black object that police believed to be a gun, and they fired, fatally wounding Lopez.
“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 they 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. As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future,” the statement says.
The shooting prompted outrage from Lopez’s family and anti-police activists. Santa Ana Councilman Johnathan Hernandez – one of Lopez’s cousins – claimed he was “murdered.”
Lopez’s family hired Vickie Sarmiento – the sister of then-Santa Ana Mayor Vince Sarmiento – and her husband Dale Galippo to file a wrongful death lawsuit against both Santa Ana and Anaheim, seeking millions of dollars. Sarmiento, who was elected to the OC Board of Supervisors in November 20222, also characterized the shooting as “murder.”
A judge later ruled Santa Ana and SAPD Chief Dave Valentin were not liable and dismissed the lawsuit against the city.
“The loss of life is always a tragedy. We understand that this incident was difficult for everyone involved, including the family of Mr. Lopez, law enforcement, and the community at large,” said Bonta, a progressive Democrat. “We hope that this report will provide some clarity and help us move forward together towards a safer, more just California. The California Department of Justice remains committed to working with all stakeholders to ensure that our justice system is fair, transparent, and accountable to all Californians.”
“We never want to see any loss of life and continue to extend our thoughts to the family, our Santa Ana colleagues, the officers involved and all reliving this incident. This report is part of a process of better understanding what happened. It shows the difficult and complex situations our police can encounter. ” Anaheim Chief Communications Officer Mike Lyster said in a statement. “We welcome the report’s confirmation that our officers acted lawfully and with intent to protect themselves and the public.”
