California Department of Justice Releases Report on Officer-Involved Shooting of Victor Marquez

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Victor Marquez’s death from an officer-involved shooting in an unincorporated area of Tulare County, near Exeter, California, on December 17, 2022. The incident involved officers from the Woodlake Police Department (WPD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. 
 
“We recognize the considerable challenges and difficulties faced by all those impacted, including Mr. Marquez’s family, the law enforcement agencies involved, and the community as a whole,” said Attorney General Bonta. “The California Department of Justice aims to partner with law enforcement to build a just and equitable legal environment, ensuring that the rule of law is upheld, and justice is accessible to everyone.”
 
On December 17, 2022, at approximately 10:50 AM, WPD police officers heard over radio dispatch that the Tulare County Sheriff’s Office was trying to locate a domestic violence suspect, later identified as Mr. Marquez, who was armed with a nine-millimeter firearm. At approximately 11:30 AM, a WPD officer located Mr. Marquez’s vehicle, a high-speed pursuit of Mr. Marquez ensued, and other law enforcement officers joined the pursuit. The pursuit ended when Mr. Marquez’s vehicle collided with two other vehicles and came to a stop. Officers approached Mr. Marquez’s vehicle while issuing commands, such as, “Show me your hands,” and “Don’t do this!” The officers would later describe Mr. Marquez as holding what they believed to be a firearm in a small black bag and raising it at officers. At which point two WPD officers discharged their duty weapons and Mr. Marquez was fatally shot. After the shooting, the officers discovered that Mr. Marquez’s right hand, which was hidden inside the small black bag, was not holding a firearm, and that there were no firearms in the vehicle. 
 
Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that there is insufficient evidence to prove, beyond a reasonable doubt, that the officers did not act in lawful defense of themselves or others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case. 
 
As part of its investigation, DOJ has identified five policy recommendations related to this incident. The first recommendation is that WPD revise its policy on body-worn camera footage, to state that the officer “shall” activate their body worn cameras, rather than state that officers “should” activate them. Currently, WPD policy states that officers “should” activate the camera in specified situations. 
 
The second recommendation is that WPD consider installing digital in-car video systems in its patrol units. In-car video systems work to enhance accountability and transparency to establish a higher level of trust between law enforcement officers and their community. In-car video systems ensure officers are always recording when needed.
 
The third recommendation is that WPD ensure that its officers are equipped with a variety of less lethal options, in addition to TASERS, such as 40mm launchers and pepper spray. If WPD has already issued these less lethal weapons to its officers, DOJ recommends that WPD amend its policies to require that officers have these less lethal options with them while on patrol.
 
The fourth recommendation is that WPD amend its vehicle pursuit policy, to simplify the criteria for determining when to engage in and terminate a vehicle pursuit. “If police departments eliminate the factor-based cognitive analysis requiring patrol officers to decide whether to initiate or sustain a pursuit and, instead, implement simple clear-cut rules of engagement for police vehicle pursuits, this may eliminate many dangerous high-speed chases and some high-speed crashes.”
 
The fifth recommendation is that WPD amend its current policy on de-escalation to make the language clear. Government Code section 7286, subdivision (b)(1), requires that each law enforcement agency maintain a policy that includes a requirement that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force, when feasible. WPD should further review its other processes, procedures, and training related to de-escalation to ensure those too are consistent with existing law.
 
A copy of the report can be found here.