The California Department of Justice said Nov. 13 that its investigation into the May 25, 2024, Grover Beach officer-involved shooting that killed Aaron Gardner concluded there is insufficient evidence to support filing criminal charges.
The DOJ said Grover Beach Police Department officers responded to an initial 911 call about Gardner allegedly threatening a person with a handgun but could not locate him; an officer then responded to a second call about ten minutes later about Gardner throwing rocks at passing vehicles and passersby. The DOJ said that once located, Gardner stated he was armed, held the gun behind his back, repeatedly ignored the officer’s warnings to drop it, and aimed the gun at the officer, who then fired and fatally wounded him; the DOJ said the handgun recovered after the shooting was a plastic, Glock-style replica.
The DOJ said its review, conducted under Assembly Bill 1506, found the evidence does not show beyond a reasonable doubt that the officer acted without the intent to defend themselves and others from what the officer reasonably believed to be imminent death or serious bodily injury; therefore the DOJ said there is insufficient evidence to support a criminal prosecution and no further criminal action will be taken in this case.
The DOJ said it identified five policy recommendations for the Grover Beach Police Department: work with the San Luis Obispo Sheriff’s Communication Center to ensure dispatchers provide critical information to responding officers; finalize the department’s draft crisis intervention policy and provide training on it; provide additional training on when to wait for backup before engaging in potentially high-risk encounters; provide additional training on de-escalation tactics using time, distance and cover when approaching an armed or potentially violent subject; and amend the department’s de-escalation policy and training to comply with current state law.
Attorney General said, "We hope that this report provides clarity to the Grover Beach community and to those personally affected by this incident. The California Department of Justice is committed to building a legal system that fosters transparency, trust, and accountability between law enforcement agencies and communities. We believe AB 1506 is vital in helping us achieve the goal to build a safer California."
The DOJ posted a copy of the full report with its press release; the department said the recommendations are intended to reduce the risk of similar incidents in the future.
State
Rob Bonta
Attorney General · Democrat
Named once in this story.
Portrait: Official portrait
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