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State AG: No charges against officers in Covina police shooting
San Gabriel Valley Aug 17, 2024
A Covina police officer's body camera footage shows Daniel Valdivia reaching for a gun in his waistband, according to authorities. | Photo courtesy of the California Attorney General's Office
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No criminal charges will be filed against Covina police officers for a 2022 fatal shooting of a 24-year-old man who had a BB gun, California Attorney General Rob Bonta said Wednesday.
Daniel Luis Valdivia was killed April 9, 2022, after officers arrived around 10 p.m. at Country Liquor, 124 East Arrow Highway in Covina, on a report of a man waving a handgun in the parking lot, according to the attorney general’s office.
Officers commanded Valdivia to put his hands up and not reach for anything. They then ordered him to get on the ground.
“Valdivia assumed a partially prone position on the ground, then grabbed what appeared to be a gun from his waistband and pointed it at officers,” according to the AG’s office. “The officers responded by discharging their firearms, killing Mr. Valdivia. It was subsequently determined that Mr. Valdivia was in possession of a BB gun.”
An investigation by the California Department of Justice concluded that criminal charges were not appropriate in the case.
“The evidence does not show, beyond a reasonable doubt, that the officers involved acted without the intent to defend themselves and others from what they reasonably believed to be imminent death or serious bodily injury,” investigators concluded. “Therefore, there is insufficient evidence to support a criminal prosecution of the officers.”
CPD Officers Cheng-Wei “Billy” Sun, Vanessa Cardoza and David Meadows were involved in the shooting, according to the AG’s report. The three fired 12 rounds total, eight of which struck Valdivia.
“The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California,” Bonta said in a statement. “We hope this report brings a sense of assurance to our community. We acknowledge that this incident posed challenges for all parties involved, including Mr. Valdivia’s family, law enforcement, and the community.”
State law requires the Justice Department to investigate all incidents of officer-involved shootings that result in the death of unarmed civilians.
State investigators recommended the Covina Police Department revise its policies to more clearly require officers to activate body-worn cameras and use “de-escalation” techniques when feasible.
A copy of the report on the shooting is available on the internet.
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