An off-duty Santa Maria police officer who found himself in the middle of a shootout at an Orcutt convenience store parking lot earlier this year was legally justified in using lethal force, according to a review.

The Santa Barbara County District Attorney’s Office released its analysis of the officer’s shooting that killed Jose Manuel Reyes Rios, 19, at the Melody Market parking lot, 130 E. Foster Road, on March 25, 2023.

The analysis was based upon investigative reports from the Santa Barbara County Sheriff’s Office, video and audio recordings, photographs, and witness interviews, including the voluntary statement of off-duty Officer Antonio Pena of the Santa Maria Police Department. 

“Officer Pena found himself in a literal shootout in the parking lot of Melody Market between multiple subjects,” the analysis said. “He was forced to intervene to protect himself and the lives of others in the cross-fire. 

“Any reasonable law enforcement officer would perceive Rios’ actions as an immediate lethal threat to anyone in the immediate vicinity. Therefore, Officer Pena’s use of lethal force was justified, and he bears no state criminal liability for his actions.”

Under California laws, a peace officer is justified in using lethal force to defend against a threat, according to the analysis. 

Pena had entered the market to make a purchase while his wife and brother-in-law remained in the truck. As he returned to his vehicle, Pena saw two groups of young males arguing and physically fighting. 

As Pena neared the driver’s side of his truck, another vehicle accelerated into two of the fighting males, hitting them and causing them to fly into the air. They hit the hood of the vehicle and fell to the ground, investigators said.

Rios, who was with one of the groups, pulled out a handgun and began shooting at the two males who were hit by the car. The pair have been identified as Northwest gang members. 

Another male from the opposing group started shooting at Rios, who ran directly toward the off-duty officer. 

“At this point, Officer Pena heard more shots ringing out, and he realized that there was a shoot-out between Rios and another subject, possibly more. Officer Pena also realized that he and his family were in the middle of the cross-fire,” the report said.

The officer shouted “Santa Maria Police! Put down the gun!” while pointing his firearm at Rios, who turned his head, looked at the officer and pointed his firearm at him. 

“Fearing for his life and for the life of his wife and brother-in-law who were trapped inside the truck, Officer Pena fired at Rios. After firing three shots, Officer Pena paused; he then saw a muzzle flash from Rios’ firearm, indicating he fired again. 

“At this point Officer Pena thought he would be shot. He began firing again until Rios fell to the ground. Officer Pena estimated that he fired his gun at least 16 times total.”

Pena saw another man with a gun running on the east side of the parking lot, but the subject didn’t stop. 

“Officer Pena did not shoot at him because an open restaurant, Chef Rick’s, was in the background and Officer Pena deemed it too dangerous to the people inside.”

Meanwhile, the gray car had driven away, and other subjects involved in the fight had fled, so Pena got his wife and brother-in-law into the store for safety.

Another customer said her young daughters were in another parked vehicle so Pena also helped get them inside the store. 

Days after the shooting, Dr. Manuel Montez, a forensic pathologist employed by the Sheriff’s Office, determined Rios died due to multiple gunshot wounds, 12 in all. That led to a determination the manner of death was homicide. 

Investigators found a Glock-style 9-mm pistol without a serial number — a “ghost gun.” Rios also wore a satchel containing an additional black magazine with nine live rounds

Law enforcement officers also determined a stray bullet from Rios’s weapon entered the Thai Hut restaurant next door to the convenience store.

“A customer inside Thai Hut reported he was eating dinner when he heard gunshots and then felt something hitting his left shoulder and buttocks. Investigators determined the bullet entered the restaurant, struck a wall, then shrapnel from the wall hit the customer.

“Analysis determined this bullet was fired from Rios’ ghost gun,” the report said.

Four cartridge cases on the sidewalk near the Thai Hut restaurant did not come from Pena’s or Rios’s weapons, according to ballistics analysis that concluded they did come from a third, unrecovered firearm.