The Guadalupe police shooting of an uninvolved bystander will become the fourth case investigated by the California Department of Justice since the July 1 implementation of a new state law regarding use of force incidents.
The shooting occurred late Saturday in the 100 block of Obispo Street when officers were attempting to detain a person wanted on a no-bail felony arrest warrant, according to the Santa Barbara County Sheriff’s Department.
A Guadalupe Police Department officer fired his service weapon at the wanted suspect and hit and killed an uninvolved man, identified as Juan Luis Olvera-Preciado, 59, of Guadalupe, who was sitting in a vehicle nearby.
Olvera-Preciado was pronounced dead in the 100 block of Obispo Street at 10:13 p.m. Saturday, according to the Sheriff’s Department.
The suspect with the felony warrant was arrested at the scene. No other injuries were reported in the incident.
Neither the man with the warrant nor the police officer responsible for the shooting have been identified, and details of the arrest warrant were not disclosed as of Monday.
Authorities have not said what prompted the officer to draw and fire his weapon.
While he remained mum about additional details on Monday, Guadalupe Police Chief Michael Cash called upon the community to stay united.
“We’re not looking for divisions. We’re a very close-knit community. We’re a very safe community,” he said. “Let’s make sure that we look after this family, and looking after our officers and first responders.
“Let’s find out not only what happened but what we can do to make things better as we move forward,” he said.
He has met with the shooting victim’s wife more than once since the shooting and has also met with the officer’s relatives, he said. Cash said his focus remains on ensuring everyone has access to resources and help.
“It is just all around horrible,” said Cash, who has spent nearly 40 years in law enforcement and choked up with emotion during an earlier interview with media.
“There is no side in this. People’s lives have just been turned upside down,” Cash said.
The police shooting death of an unarmed civilian triggered a relative new law, Assembly Bill 1506, or the Deadly Force Accountability Act, requiring the state Department of Justice to investigate and independently review the incident.
Santa Barbara County sheriff’s detectives and crime scene technicians responded to the shooting scene to assist and determined the incident met the requirements of AB 1506.
Following notification by local authorities, the Department of Justice’s California Police Shooting Investigation Team for Southern California immediately deployed to the scene of the police shooting, state representatives said in a written statement.
This appears to be the fourth police shooting investigated under AB 1506, with the other incidents in Tustin on Aug. 9, Bakersfield on Aug. 7 and West Hollywood on July 15, according to the state agency’s press releases.
In July, the Attorney General’s Office notified law enforcement agencies about the new law.
“One of the most important tasks ahead for public safety and our society is building and maintaining trust between our communities and law enforcement,” said Attorney General Rob Bonta. “Impartial, fair investigations and independent reviews of officer-involved shootings are one essential component for achieving that trust.”
One key provision of AB 1506 gives affected family members access to a Victim’s Service Unit liaison for resources such as crisis intervention and emergency assistance counseling referrals.
Previously, investigations of law enforcement shootings by Santa Maria, Lompoc and Guadalupe police officers have been handled by the Sheriff’s Office at the request of leaders in each department to avoid the appearance of a conflict.
The Santa Barbara County Sheriff’s Office also has investigated shootings by its own deputies.
Those investigations then were sent to the District Attorney’s Office for review, and analysis on whether or not incidents met the standard of justifiable homicide.
In 2020, Santa Barbara County saw three law enforcement shooting incidents with one each in Santa Barbara, Santa Maria and Guadalupe, involving a total of eight officers.
Last October, Guadalupe police Sgt. Frank Medina fired his gun at a man who allegedly tried to ram officers with his vehicle. Other police officers at the scene fired less-lethal weapons. No officers were injured, and the man, who was also uninjured, was arrested for assault, according to the Sheriff’s Department.
While the Department of Justice handles one investigation into Saturday’s shooting, the Santa Maria Police Department will conduct an administrative review, authorities said.
Guadalupe’s budget allots 15 officers, including the chief and two sergeants, for the small city in the northwestern corner of Santa Barbara County.
The police department’s use of force policy says, “Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.
“The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident.”
The policy lists a number of factors to consider before using force including the immediate threat to officers and potential for injury to officers, suspects, bystanders, and others.
“To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm,” the Police Department’s policy says.
Based on historical data, it is estimated that there will be approximately 40 to 50 officer-involved shootings each year requiring the state’s involvement, according to the Department of Justice.
Once completed, the investigation will be turned over to the Department of Justice’s Special Prosecutions Section within the Criminal Law Division for independent review.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.