SAN DIEGO (CNS) - Three San Diego police officers have been cleared of criminal liability for the 2022 shooting death of a man in City Heights, according to a report released Friday by the California Attorney General's Office.
The report pertains to the Dec. 8, 2022, death of John Ray Romero, 58, who was holding an airsoft gun when he was shot by San Diego Police Officers Gregory Bergman, Michael Thornton and Jonathan Estrada just outside an apartment building in the 4000 block of 42nd Street.
While the California Department of Justice stated there was insufficient evidence to pursue criminal prosecution against the officers, it did make policy recommendations regarding SDPD's use of force concerning armed people who are suicidal and/or undergoing mental health crises.
Police were initially called just before 1 p.m. that day for reports that Romero was pointing a gun to his head on Central Avenue, about half a mile from where the shooting occurred.
Romero rode a bicycle to the 42nd Street apartment complex, then took out the airsoft gun and pointed it at his head, according to the DOJ's report.
The officers commanded Romero to drop the gun, but he didn't, while making statements indicating he wanted the officers to shoot him, the report states.
Officers fired bean bag rounds at Romero, who took cover behind a parked car.
While behind the car, the report states he started to raise his gun from his waistline.
Officers opened fire with live rounds, causing Romero to crouch down behind the parked car.
The report states that he then "lifted his head and peered over the hood of the car in the driveway while raising his apparent firearm," prompting a second volley of shots from Bergman, Estrada, and Thornton.
Romero was struck twice by the gunfire and was pronounced dead at the scene.
The DOJ's report states that the airsoft gun "did not have any markings indicating that it was not a real handgun."
The report additionally concluded that it was reasonable for the officers to believe Romero had the intent and ability to harm nearby officers and civilians when they opened fire.
However, the report did recommend improvements to the police department's de-escalation techniques and training regarding suicidal subjects.
Among the recommendations were that only one officer at a scene should be responsible for communicating with a suicidal person, as the report states "multiple officers were simultaneously giving different verbal commands to Mr. Romero while pointing their guns at him, which was chaotic and confusing."
The report also recommended that the department develop "scenario- based training" for situations involving armed suspects experiencing a mental health crisis. While a Psychiatric Emergency Response Team clinician was present, the volatility of the situation made it unsafe for the clinician to be near the scene, the report states. The recommended training could help the department develop methods for safely deploying PERT clinicians to scenes such as Romero's shooting, according to the report.
Lastly, the report recommended that SDPD amend its use-of-force and de- escalation policies to ensure they are consistent with state law, as the report alleges SDPD's policy does not require officers to employ de-escalation techniques when feasible. A list of specific de-escalation techniques should also be included in SDPD's use-of-force policy, according to the DOJ, such as "verbal persuasion, warnings and advisements, the use of other resources, such as crisis intervention teams, and avoiding language or behavior that would tend to escalate the stress or tension in the environment."
