OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Marcos Maldonado’s death from an officer-involved shooting in Los Angeles, California, on July 27, 2022. The incident involved officers from the Los Angeles Police Department (LAPD). 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. 

“The loss of life is always heartbreaking,” said Attorney General Bonta. “We recognize the considerable challenges and difficulties faced by all those impacted, including Mr. Maldonado’s family, the law enforcement agencies involved, and the community at large. The California Department of Justice is dedicated to collaborating with all law enforcement entities to maintain a legal system that is fair, transparent, and accountable to every Californian.”

On July 27, 2022, LAPD Officers answered a call for service regarding reports that there was a man with a gun walking down the street. They found the man, who was later identified as Marcos Maldonado, and saw that he was holding what appeared to be a gun. They ordered Mr. Maldonado to drop the gun, but he did not comply. After a short period of time, Mr. Maldonado pointed the gun at the officers. When he did so, they fired their own guns, killing Mr. Maldonado. The gun pointed by Mr. Maldonado at law enforcement was later determined to be a replica airsoft handgun.

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 involved acted without the intent to defend themselves and others from what each of them reasonably believed to be the imminent risk of death or serious bodily injury. 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 several policy recommendations that it believes will help prevent similar incidents from occurring in the future. The first recommendation is regarding officer communication. First, it is recommended that LAPD amend their policies and training regarding communication of significant contextual information impacting responding officers’ use of force decision-making as articulated in their other policies to include additional information.

The second set of recommendations is regarding scene control. It is recommended that LAPD evaluate their policies and training regarding perimeter control. A significant concern in this incident was the presence of bystanders, both on foot and in vehicles, close to Mr. Maldonado and between Mr. Maldonado and the LAPD officers who arrived at the scene. The presence of these bystanders limited officers’ options and created additional dangers.

The third set of recommendations is regarding the LAPD use of force policy. Government Code section 7286, enacted by Senate Bill 230 sets minimum standards for use of force policies maintained by law enforcement agencies in California. During the review of LAPD’s use of force policies relevant to this incident, it is recommended two provisions be updated. The recommended updates relate to the requirements of Government Code section 7286, separate and apart from the particular facts of the shooting of Mr. Maldonado.

A copy of the report can be found here.