2 Police Officers Who Fired 76 Shots At A 50-Year-Old Suspect Will Not Face Any Criminal Charges
2 police officers in Anaheim, California, who fired 76 shots at a 50-year-old man, will not face any criminal charges.
Police Officers Kevin Pedersen and Sean Staymates fired a total of 76 shots at 50-year-old Eliuth Penaloza Nava.
The police officers said that Eliuth was armed and was not acting normal.
In a letter from the Orange County District Attorney’s Office to Jorge Cisneros, the Police Chief of Anaheim, stated that, “It is our legal opinion that there is a lack of sufficient evidence to show beyond a reasonable doubt criminal culpability on the part of Officers Staymates and Pedersen when they fatally shot Nava on July 21, 2018.”
The letter added, “Both Officer Pedersen and Officer Staymates were justified in believing that Nava posed a significant threat of death or serious physical injury to both officers and to others.”
The letter also said that their conduct was “alarming and irresponsible.”
Why was the 50-year-old shot 76 times?
On the day when he was shot 76 times, one of the brothers of Eliuth informed the police that he was under the influence of a drug and is “hallucinating”.
The brother who called the police also said that Eliuth had a knife and a gun in his truck that he parked outside his parent’s home.
The dash and body cam that was released by the DA’s office showed the 2 officers responding to the call of Eliuth’s brother in a residential area in Anaheim.
When Staymates and Pedersen arrived on the location, they saw Eliuth in the truck, the officers drew out their weapons as they got out of their service car and told Eliuth to get out of the truck and stop it for a number of times.
Eliuth did not comply with what the officers asked him to do, and instead of stopping and getting out, he drove off.
The official police report of the incident indicates that Officer Pedersen saw Nava reach the floorboard, he also saw Eliuth holding a handgun that was pointed at the roof of the truck.
The report also said that Eliuth pointed the semi-automatic handgun towards the 2 police officers.
The gun that was later recovered by the officers was a CO2-powered Air Pistol.
The report said, “It was black in color and extremely similar in appearance to an authentic 9mm Luger pistol. There was no orange tip on the gun, and no other markings to readily distinguish this air pistol from a real firearm.”
The report also said that Pederson fired around 7 rounds through the front windshield of the patrol car.
The report said that “Officers Pedersen and Staymates both feared Nava was going to shoot and kill them.”
In the footage that was released by the department, it showed the 2 police officers shooting through the windshield of the patrol car.
Jorge Cisneros, the Police Chief of Anaheim said, “We highly discourage shooting through a windshield but our policy does not state that you cannot, there could be incidents or actions at times where that would be permissible.”
Officer Pederson was driving the car and he still managed to fire 64 times, the official numbers were stated in the incident report.
Officer Staymates fired 12 shots from his service rifle.
50-year-old Eliuth Penaloza Nava got 9 gunshot wounds that caused his death.
Methamphetamine and Amphetamine were found in his blood.
Pedersen has been dismissed from the Anaheim Police Department, he was a probationary officer in the department.
And staymates is set to face department discipline, said Police Chief Cisneros.