BAKERSFIELD, Calif. (KBAK/KBFX) — Eight Bakersfield police officers involved in a shooting that resulted in the death of a man in southeast Bakersfield in 2022 were cleared of all charges, according to the California Attorney General’s Office.
In a report, the Attorney General’s Office said the charges against the officers involved were “not appropriate.”
The Bakersfield Police Department posted on social media about an officer-involved shooting in southeast Bakersfield. Photo: KBAK/KBFX
WARNING: FOUL LANGUAGE AND VIOLENCE DEPICTED IN VIDEO; VIEWER DISCRETION ADVISED
The incident dates back to Dec. 20, 2022, when Bakersfield police responded to a call of a man threatening to shoot a railroad employee near a homeless encampment in the area of East Belle Terrace and Madison Street. The man was identified years later as Juan Carlos Chabel-Orellano.
According to the report, when officers approached, Chabel-Orellano pointed a gun in an officer’s direction and fled, leading officers to shoot in his direction. Chabel-Orellano retreated into a tent encampment and did not comply with officers’ commands. Instead, he raised and lowered the tent flap, leading officers to fire again.
As he fled from the encampment, officers believed him to still be armed and fired more rounds, but none of those rounds struck him, the report said. Officers pursued him by foot and by vehicle, and other officers stationed themselves in the direction he fled.
Photo: Bakersfield Police Department, YouTube
Chabel-Orellano then walked in the direction of officers while holding a metallic object in his hand and did not comply with officers’ commands, according to the report. Officers fired their weapons and Chabel-Orellano fell to the ground.
As he sat up with his hands not visible to officers, officers fired several more rounds, the report said. After the incident, investigators discovered the metallic object was a knife. The pistol he initially pointed was later found discarded near the encampment.
Photo: Bakersfield Police Dept. (YouTube)
The involved officers were identified as:
Sgt. Scott LazenbySgt. Andrew FergusonSr. Officer Anthony FloresSr. Officer Nicholas AshbyOfficer Cortez SummitOfficer James KingOfficer Chad RogersOfficer Dominic Ramirez
“Incidents like these remind us that there is still room to strive towards a safer California,” Attorney General Rob Bonta said. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards safer communities. Together, we aim to foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities.”
Photo: Bakersfield Police Dept. (YouTube)
Under AB 1506, which requires the California Department of Justice to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, the DOJ conducted an investigation and concluded there is insufficient evidence to prove beyond a reasonable doubt that the officers acted without the intent to defend themselves and others from what they reasonably believed to be an imminent risk of death or serious bodily injury, said the DOJ. Officials said there is insufficient evidence to support a criminal prosecution, and no further action will be taken in the case.
The DOJ also identified 10 recommendations related to the incident as part of its standard investigation, though the recommendations were not included in the information provided.
BPD should provide additional training regarding firearms safety, awareness of surroundings before shooting firearms, and identification of targets before firing.BPD should amend their use of force policy and provide training on the duty, when feasible, to allow subjects an opportunity to respond to a deadly force warning before using deadly force.BPD to provide detailed training on when deadly force can appropriately be used on a fleeing suspect.BPD implement training on the legal standard of when deadly force is authorized based upon an imminent threat of death or serious bodily injury, as outlined in Penal Code section 835a.BPD ensures that its officers comply with the policy requirement that they activate their body-worn camera when in the field.BPD provides additional de-escalation training.Recommendation seven suggests that BPD provide training to its officers on the policy requirements for muting audio on body-worn cameras.BPD should amend its policy to require officers not to discuss a shooting with fellow officers before providing a formal criminal or administrative statement to authorized personnel.BPD should modify its de-escalation policy to comply with state law, requiring that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force, when feasible.BPD trains its officers to effectively communicate with subjects who might not understand English.