Anaheim PD Fires Cop Who Shot 64 Rounds During Deadly Pursuit

Anaheim police top brass, mayor Harry Sidhu, and members of the press all gathered in the briefing room of the department’s main station this afternoon. At the press conference, which began around 1 p.m., police released a “Critical Incident Briefing Video” related to the July 21, 2018 officer-involved shooting that killed Eliuth Penaloza Nava. Reporters showed up shorthanded; the Orange County’s District Attorney’s (OCDA) office didn’t email out a press release about its full investigation letter into the incident until 1:11 p.m.,* after the press conference already began. Anaheim PD didn’t make copies available.

In its probe, the OCDA declined to press charges against officers Kevin Pedersen and Sean Staymates but issued a unusual statement not often–if ever–seen in other such reports.

“The District Attorney of Orange County is alarmed by the conduct of the two involved APD officers,” the report reads. “While the District Attorney does not address tactics, training or administrative procedures, the District Attorney of Orange County, and the public, expect the APD to make sure that the conduct of the two involved officers is reviewed administratively for proper, fair, and complete accountability.”

Specifically, the OCDA expressed dismay that both officers shot 76 rounds, many of them during a car pursuit through residential neighborhoods on a Saturday morning.

Anaheim police chief Jorge Cisneros referred to the OCDA’s concerns at the onset of the press conference. “We have dismissed the primary officer involved and have filed a notice of intent to discipline the other,” he said. “That officer has a right to due process in any disciplinary hearing.” The chief, and others, called footage from body worn cameras “disturbing” multiple times before playing it as part of a longer 15 minute “critical incident community briefing” video.

The OCDA released six minutes of just body camera footage alone without commentary from Anaheim police top brass as was featured in their briefing video. The former is the tape we’ll roll.

The trouble began on the morning of July 21, 2018 when officers responded to a call from Nava’s brother. Anaheim police released audio from the call where he noted his brother was hallucinating and was armed with a gun and a knife. Officers were informed of as much when they arrived to scene around the 500 block of South West Street. They observed Nava start his Chevy S-10 truck and attempted to impede its path. The cops got out of their patrol car and pointed their weapons at Nava.

“Stop the car, dude!” one officer says.

Nava failed to yield and the car chase commenced. “Get ready, dude, he’s rolling down the window,” Pedersen told his partner. “He’s reaching. I think he’s got a gun.” Within 22 seconds of the chase, Pedersen fired multiple shots through his windshield at Nava’s truck. They’d be the first of many. He reloaded after emptying a magazine in an alleyway. Staymates readied a rifle and fired twice at the truck. The OCDA report notes that although the footage is obscured by the patrol car’s dashboard, officers and witnesses stated that Nava pointed what appeared to be a handgun out the window at police while evading them.

“Don’t take a shot. Don’t take a shot,” Pedersen told his partner at another point. “There’s people in front of us.” Shortly after, Staymates handed Pedersen a 9 millimeter. After another round was fired, it appeared that Nava was struck and bleeding but continued driving.

At various points during the chase, Nava almost struct pedestrians and another vehicle. The chase came to a close back where it started by Nava’s family home. With the truck stopped, both cops unloaded. Someone is the neighborhood could be heard saying, “Ya, ya, ya, ya no!” in Spanish. With the driver side door ajar, Pedersen advanced, firing more rounds without issuing any commands.

“Alright, he’s done, he’s done,” Pedersen said, before firing three more shots. “Let’s cuff this fucker.” The OCDA report notes he believed that Nava was still armed and posed a threat because he couldn’t see both of his hands. Police later recovered a BB gun from the scene. Pedersen shot his guns 64 times during the entire episode. An autopsy showed that Nava died from nine identifiable gunshot wounds.

During the chase, bullets struck buildings, trees and a car. Cisneros also noted that shooting through a windshield is highly discouraged but not prohibited in all situations. A state-of-the-art use of force simulator is on its way to the department.

“What we have seen today is disturbing,” mayor Sidhu said. “In this incident, we failed what we expect of ourselves and what the community demands of us. We cannot change the past. Instead, we’ll be judged by how respond to this.”

Pedersen neared the end of his year-long probationary term when fired from the force. Cisneros placed that decision on the totality of his performance throughout that time which didn’t meet department standards. “We have terminated officers in the past as result of their actions during officer-involved shootings,” Sgt. Daron Wyatt, APD spokesman, tells the Weekly.

A city spokesman confirmed that the city hasn’t received a claim regarding the shooting, a precursor to civil litigation. In closing its inquiry, the OCDA ensured that no criminal charges would be filed.

“Both Officer Pedersen and Officer Staymates were justified in believing that Nava posed a significant threat of death or serious physical injury to both officers and to others,” the OCDA report concludes. “Both officers stated that they did what they believed was necessary in order to stop the threat, and the conduct of the officers in doing so was reasonable.”

As always, read the report in its entirety online.

*Spitzer’s social media crew shared the report on the OCDA’s Twitter and Facebook at 12:46 p.m.