An armed car passenger whom sheriff’s deputies fatally shot during a San Marcos traffic stop last month had fired his gun at least once as a deputy shocked him with a Taser, according to video footage released by authorities.
In the few seconds that followed, five deputies and a Palomar College police officer opened fire on the man in the car alongside North Twin Oaks Valley Road just after 9 p.m. Feb. 18, the footage posted to YouTube shows.
The passenger, 33-year-old Oceanside resident Andre Mendez, died at the scene.
Image from bystander video shows law enforcement officers surrounding the car at gunpoint. (San Diego County Sheriff’s Office)
The Sheriff’s Office on Friday released a video of the encounter, including bystander footage shot from across the street as deputies next to the car pointed their weapons at the man. A deputy can be heard ordering Mendez to “drop that gun right now” shortly before another deputy starts smashing the glass of the passenger’s side window.
The incident started when a San Marcos-based deputy pulled over a red Hyundai Sonata, San Diego police homicide Acting Lt. Christopher Leahy said in a news release last month. San Diego police are investigating under a countywide agreement to prevent policing agencies from investigating themselves following a shooting.
In the video, Deputy Sean Dwyer tells the 21-year-old woman driving the car that a brake light is out, and the license plate doesn’t appear to match the car. After briefly speaking with her, the deputy asks the passenger for identification.
In text included in the video, the Sheriff’s Office says the deputy could not hear the man clearly and also wanted to get a better look at the steering wheel column, which appeared to be damaged and suggested it could be a stolen vehicle, so he made his way around to the passenger’s side of the car.
The passenger gave the deputy a false name. According to text in the video, the deputy noticed “the man acting suspiciously.”
At some point, after other deputies and a Palomar College officer who had been patrolling nearby arrived, Mendez rolled up his window “while reaching for something on the floor,” according to text in the video
“Hey, stop reaching around,” a deputy can be heard saying on the video footage.
“I’m not doing nothing, bro. Chill,” Mendez responded, and rolled up the window.
The deputy appears to try to open the car door, but it was locked.
“Open the door,” the deputy said.
At least two law enforcement officers then said, “He’s reaching.”
“Lemme see your (expletive) hand,” one deputy said. As Mendez continued to move around in the passenger seat, several law enforcement officers ordered him to “stop reaching” and to show his hands.
“He’s got a gun!” one law officer said.
“I see the magazine. It’s a tan gun,” a deputy said.
With Mendez at gunpoint, the distraught driver was allowed to get out of her car.
As a deputy smashed the glass of the window, Mendez repeatedly said, “Stop!”
“He’s pulling it out. I’m gonna (expletive) shoot you,” a deputy yelled.
With the window broken, one deputy warned, “I’m going to Tase you,” and immediately shot Mendez with the Taser. Mendez jerked backward. The gun in his hand appeared to raise and — in a section of the video slowed down and zoomed in — a muzzle flash can be seen from it.
Almost immediately, the law enforcement officers released a volley of gunfire, killing Mendez. Law enforcement officers are believed to have fired a total of 54 rounds, according to San Diego police. Another two rounds found inside the car are believed to have come from the gun Mendez had, police said.
The driver was detained but not arrested. The car had not been reported stolen.
The District Attorney’s Office will review the incident to determine if any officers should be held criminally liable, as is standard in all officer-involved shootings.