A 24-year-old man killed in a 2022 shootout with Covina police had pointed a BB gun at officers, according to a newly released state Justice Department investigation into the shooting.
On April 9, 2022, a 911 caller reported a man brandishing a gun in the parking lot of a liquor store in the 100 block of East Arrow Highway, the DOJ said in a news release Wednesday. Daniel Valdivia was ordered by arriving officers to put his hands in the air and get down on the ground.
Valdivia assumed a partially prone position on the ground. He then reached into his waistband and pulled out what appeared to be a gun and pointed it at the officer, according to the report.
Three police officers fired a total of 12 shots at Valdivia, who was taken to hospital and pronounced dead. Investigators determined the weapon was a BB gun.
The Justice Department, which is required to investigate officer-involved shootings that result in the death of an unarmed civilian under AB 1506, found that the officers acted with intent to defend themselves and others and determined that criminal charges will not be filed against the officers.
Originally published: