A Guadalupe police officer won’t face criminal charges after state investigators determined that he acted lawfully when he fired his weapon at a suspect, inadvertently killing an uninvolved bystander when a bullet ricocheted off the ground.

Investigators determined that Juan Luis Olvera-Preciado, 59, died from a single gunshot wound to his head as he sat in his vehicle parked in his driveway on Aug. 21, 2021, according to the California Department of Justice investigation, which recommended that the Guadalupe Police Department implement a number of changes.

Miguel Jaimes, who remains employed by the Police Department, fired three times, missing the suspect, David Cruz, who is referred to in the report as David C. and DC.

However, investigators determined that one bullet “likely ricocheted off the ground, traveled approximately 174 feet, entered a slightly ajar car door, and penetrated Mr. Olvera-Preciado’s body.”

“Based on the investigation and review of evidence, along with the applicable statutes, legal principles, and the subsequent analysis, Officer Jaimes acted in lawful self-defense and the defense of others when he fired his weapon at DC,” according to the 34-page report released Tuesday and using initials for the suspect that officers were trying to arrest.

The report added, “This lack of criminal intent transfers to the accidental killing of Mr. Olvera-Preciado, and as such, Officer Jaimes is not criminally liable for Mr. Olvera-Preciado’s death.

“Therefore, there is insufficient evidence to support a criminal prosecution of Officer Jaimes for the death of Mr. Olvera-Preciado.”

The incident began with the search for a man who started a small fire in the city, with Cruz identified as the possible suspect who was confirmed to have two outstanding warrants — a felony no-bail warrant and a $5,000 misdemeanor warrant. 

Cruz was found but refused to comply with officers’ commands and fled. 

“A few seconds later, Officer (Christopher) Orozco saw DC ‘punch out’ his right arm. Although DC denied having anything in his hand prior to the shooting, he also later admitted he ‘could’ve’ held a black butane torch in his right hand, that the torch ‘probably” looked like a gun when he took it out, and he thought that was why the officer fired at him,” the report said. 

Orozco was in fear and his “heart dropped” because he believed Cruz was going to shoot him or Jaimes, the report said.

A search of Cruz determined he had not been injured and did not have a weapon.

However, officers found a blue bandana, a black butane torch, a red plastic toy gun and other miscellaneous items when searching for Cruz.

A DNA analysis concluded “very strong support” that Cruz was a contributor to the DNA mixture recovered from those items.

Officers learned of the uninvolved bystander’s death when his wife shouted, “Lo mataron, lo mataron” or Spanish for “They killed him, they killed him.” 

The report also noted the lack of lighting, with one officer’s camera showing the scene was pitch black. Officers and emergency responders also noted the poor lighting and zero visibility that meant officers could not see Olvera-Preciado.

The DOJ investigated the shooting under Assembly 1506, which required the state to investigate all officer-involved shootings resulting in the death of an unarmed civilian in California.

“While my office has determined that the evidence does not support criminal charges against the involved officer, we are making direct recommendations to the Guadalupe Police Department to help increase public trust and keep our communities safe,” Attorney General Rob Bonta said.

Investigators also made a number of recommendations, including revising the policy to require officers to activate body-worn cameras. 

“Officer Jaimes’ failure to activate the body worn camera in this case not only violated policy but deprived the department and the public from obtaining valuable information regarding the shooting and killing of Mr. Olvera-Preciado,” investigators stated.

They called for a review of a random sampling to ensure compliance with the policy.

The report also said that officers involved in use-of-force incidents should not discuss the incident with one another and should avoid scenarios where they are alone with one another. 

The two officers at the scene drove back to the police station together after the shooting.

The Guadalupe Police Department’s use-of-force policy also was not easily located on the website as required by state law.

The policy also had outdated information, including that police could use the carotid restraint, which was outlawed in California in 2021.

Additionally, the Police Department should develop guidance for officers to support them in developing techniques for using deadly force in a manner that minimizes the risk of harm to innocent bystanders in residential locations.

The DOJ document, “Report on the Investigation into the Death of Juan Luis Olvera-Preciado,” can be found by clicking here.

Meanwhile, Cruz did not face any new criminal charges for this case, but the warrant for his prior felony was recalled days after the shooting. Cruz later pleaded no contest to one of three counts of conspiracy to commit a crime. His parole in the case was revoked last year.

A federal lawsuit filed by the family of Olvera-Preciado has remained in limbo pending the conclusion of the state investigation.