California Department of Justice Releases Report on Officer-Involved Shooting of Luis Herrera

OAKLAND - California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Luis Herrera's death from an officer-involved shooting in Los Angeles, California, on September 17, 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 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," said Attorney General Bonta. "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. Herrera's family, law enforcement, and the community."

On September 17, 2022, at approximately 1:21 PM, LAPD responded to two calls for service at a residence in Los Angeles. The calls, both made by Luis Herrera, reported that a domestic violence incident had occurred at the Herrera family's residence. Mr. Herrera said that the gate to the residence would be left open for responding officers. When the officers arrived at the residence, they entered the front gate and walked towards the front porch. Mr. Herrera opened the front screen door with what appeared to be an AR-15 assault rifle, which he pointed at the officers. The officers retreated and took cover around the east corner of the residence while issuing multiple commands for Mr. Herrera to "drop the gun." Mr. Herrera exited the residence and moved into the front yard where he pointed the rifle at the officers then was fatally shot. It was later determined that the AR-15 assault rifle was an airsoft gun.

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 the evidence does not show, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officer. As such, no further action will be taken in this case.

As part of its investigation, the DOJ has identified policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

LAPD DISPATCHER TRAINING ON HANDLING DOMESTIC VIOLENCE CALLS
It is recommended that LAPD conduct periodic dispatcher refresher training on handling domestic violence calls in three distinct areas outlined in the Communications Manual, Volume 3: (1) Diligent interviewing of callers reporting domestic violence, including calling back if calls are disconnected where pertinent information was not obtained; (2) Ensure Priority I coding of calls reporting threatened, imminent, and ongoing crime of violence; and (3) Remain on the line with the reporting party for Priority I calls to provide critical updates to responding officers, unless it compromises the safety and welfare of the reporting party.

A copy of the report can be found here.