DA: Suspect shot & killed by police grabbed officer’s gun holster
A suspect who was shot and killed by a Palm Springs policeman last year grabbed the officer’s gun holster, prompting him to shoot the man twice in the stomach, according to a district attorney’s report released Friday that concludes the shooting was justified.
Related: DA investigates deadly officer-involved shooting that was caught on camera in Indio
Abraham Ortiz, 26, was identified by the coroner’s office in the days after the shooting. In June, the Riverside County District Attorney’s Office determined the shooting was justified.
The DA’s report that was released on Friday states the officer who shot Ortiz acted in reasonable self-defense, and faces no criminal liability for his actions. The case was handed over to the district attorney in April. The officer is a two-year veteran of the Palm Springs Police Department.
The DA’s investigation states the officer was justified in shooting Ortiz because the officer believed the suspect was trying to grab his gun while he and another officer attempted to handcuff him in the parking lot.
The all happened on November 4 of last year in the parking lot of the Rite Aid on South Palm Canyon Drive. Ortiz was allegedly making threatening statements and shouting homophobic slurs before police shot and killed him during a struggle to detain him, according to authorities.
The DA’s report also states Ortiz was urinating in public and exposing himself prior to the shooting.
Related: Palm Springs Police Department receives several 911 calls leading up to deadly shooting
“Two officers made contact with the subject, two uniformed officers. There was a struggle that went to the ground that resulted to an officer involved shooting,” Palm Springs Police Chief Bryan Reyes said.
In addition to a witness hearing the racial and homophobic slurs, the assistant manager of the Rite Aid said Ortiz stole a shirt from the store, then threatened him with a knife when confronted, according to the “determination letter” sent to Reyes and signed by District Attorney Mike Hestrin and Chief Assistant District Attorney John Aki.
Prior to the shooting, the officers searched Ortiz at the scene and found a screwdriver, methamphetamine and pipes on him, according to the D.A.’s findings. The officers sat him down on a curb, but as they attempted to search him for further contraband, Ortiz began resisting and demanded his things back. The officers finally decided to handcuff him, which is when Ortiz latched onto the officer’s lower body, then reached for his gun, according to the letter.
The officer that shot Ortiz was treated for minor injuries and was placed on administrative leave following the incident.
Zak Dahlheimer is looking into the newly released information by the DA’s Office and he’ll break down the fidings in a full report on KESQ News Channel 3 at 5 p.m. and on CBS Local 2 News at 5:30 p.m.
The family of Ortiz has filed a claim with the City of Palm Springs, stating the shooting was not justified and that the officers involved were negligently trained.
The determination letter also states that Ortiz had a history of erratic behavior, prompting his family to call the police on him in 2015. Four officers were needed to restrain him that day, while in 2016, he was seen at a
gas station brandishing a knife, according to the D.A.
Ortiz’s family attorney released a statement:
“The D.A. letter concludes that the shooting officer shot Mr. Ortiz in self defense and is therefore not criminally liable. The family is committed to hold the officer and the PSPD accountable civilly and obtain a measure of justice.”
The shooting came at a tense time for Palm Springs police, less than a month after the Oct. 8 shooting deaths of Palm Springs police Officers Jose “Gilbert” Vega and Lesley Zerebny.
Related: Mental health evaluation for accused PSPD cop killer halts hearing
Vega, 63, and Zerebny, 27, were gunned down as they responded to a family disturbance call at a Palm Springs residence.
Special Report: Family honors memory of Palm Springs officer killed in the line of duty Related: Fallen PSPD officers honored at state capitol
A third officer was wounded in the gunfire. Their alleged killer, 26-year-old John Hernandez Felix, remains in custody, facing charges of murder, attempted murder and numerous firearm-
related felonies.
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