New body cam video shows police confusion after deadly unlicensed bail agent shooting
New body camera video obtained by News Channel 3 is revealing more about the deadly April 2021 shooting of a Palm Springs man who police say was killed by an unlicensed bail agent.
A shorter clip of police-worn body camera video was first released in September last year.
It shows 33-year-old David Spann held at gunpoint, holding a knife, in his final moments before he was fatally shot by Fabian Herrera. Police say Herrera was illegally acting as a bounty hunter and has been convicted of two felonies, therefore barring him from owning a gun.
Herrera and his mother, Lisa Vargas, who accompanied him that night, are now facing murder charges.
The new video, which totals about 3 hours in length, shows chaos and confusion from police as they try to understand what officers called a "convoluted" and "intricate" confrontation.
At about 2:30 a.m on April 23, 2021, Herrera and his mother are seen in the video in the parking lot of a Palm Springs condo complex. Herrera held a sledgehammer over his shoulder just after he broke down Spann's door and fatally shooting him.
A new angle of body camera footage showed officers' unsuccessful attempts to save Spann's life. "David, come on man," one officer said as CPR was performed.
Outside, police tried to make sense of the situation.
"Is there any of our officers with you," asked Sgt. Cherie Miller.
"Yes," Herrera said.
"Are you good," she asked.
"Just stressed," Herrera said.
"You're alright, you're alright," Miller said. "It's good."
"Anxiety bad," Herrera said.
He described what just moments earlier had played out.
"I was next to your officer and... Tazed him. He still came at us with a knife," Herrera said.
"How many rounds," Miller asked.
"Just one," Herrera replied. "I didn't even want to do that. I tried to plead with him, be cool with him. I said, 'Let me just hook you up, we'll talk about it, figure this out.'"
Herrera, visibly stressed, tried to explain further.
"We knew he was home," he said. "That's why we forced entry. He was hiding in his bathroom. I tried to be cool with him."
Minutes later, police asked Vargas, Herrera's mother, for her information. She was not licensed or trained as a bail agent.
"Do you have your credentials," Sgt. Miller asked.
"I don't have... I just came to back up my son," Vargas said.
"Are you an active agent," Miller asked.
"No," Vargas said. "No, Fabian is."
"Okay, so what is your employment," Miller asked.
"I just came to help... His partner wasn't available," Vargas said.
"Okay, so are you employed by this company or whatever? Who are you to him," Miller asked.
"Actually, that's my son," Vargas said.
"Okay... Do they know that you're here with him? Like I don't know what the protocol is for your..." Vargas trailed off.
"I don't either," Vargas. "He just didn't have anyone to come."
The video goes on to show police trying to understand the role of bail agents and what authority Herrera and Vargas had.
Both are now in custody. Vargas is scheduled for a felony settlement conference Tuesday.
