State prosecutors find no unjustified force in fatal deputy-involved shooting of RivCo probationer
State prosecutors completed an investigation into a deputy-involved shooting in Hemet during which a probationer suspected of selling fentanyl was killed outside a motel, announcing today that there was no indication of criminal misconduct on the part of the deputy who fired the fatal shot.
"Loss of life is always a tragedy," state Attorney General Bonta said. "We acknowledge that this incident posed challenges for all parties involved. The California Department of Justice remains steadfast in our
commitment to working together with all law enforcement partners to ensure an unbiased, transparent and accountable legal system for every resident of California."
DOJ staff carried out an investigation under Assembly Bill 1506, which mandates a state review of deadly law enforcement-involved shootings in which the party slain was unarmed, of the Jan. 18, 2022, death of 20-year-old Joseph Tracy IV of Colton.
"The DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the deputy involved acted without the intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury,'' the agency said. "Therefore, there is insufficient evidence to support a criminal prosecution of the deputy.''
Tracy was under surveillance by the Riverside County Gang Impact Team, composed of deputies, District Attorney's Office personnel, as well as Hemet and Riverside police officers, because he was suspected of distributing fentanyl out of a motel room, where he was additionally allegedly sharing a bed with a teenage girl, in the 2600 block of West Florida Avenue in Hemet, investigators said.
He was on active probation and subject to searches.
The gang unit members deployed around the lodge and waited for Tracy to emerge, not wanting to risk a confrontation inside the facility that night, Sheriff Chad Bianco said in a "critical incident" video released several months after the deputy-involved shooting.
"Tracy ran from deputies and officers, who tried to stop him by deploying 40mm less-lethal munitions,'' Bianco said. "Deputies and officers also gave him commands to stop running and to show his hands. Tracy continued to run away and ran between vehicles parked in the parking lot of the motel."
Body-camera footage from one of the gang unit members was played during the video. In it, a lawman is heard shouting, "He's reaching, he's reaching, he's reaching -- I don't know what he's reaching for."
Another lawman shouts, "Get on the ground!"
As the foot pursuit continues, 40mm rounds are fired in rapid succession in the probationer's direction.
The video does not clearly show Tracy being shot, but the sound of gunfire envelopes the audio.
Tracy was pronounced dead at the scene by paramedics minutes later. No
law enforcement officers were injured.
The DOJ stated personnel "shot and fatally wounded Mr. Tracy under the belief that he was armed and intended to shoot the officers."
"Mr. Tracy did possess a handgun, which he dropped during the pursuit and before the ... shooting occurred, and the officers were unaware Mr. Tracy had dropped the gun,'' according to the agency.
According to Bianco, a 9mm "ghost gun," assembled from homemade parts, was found in the probationer's possession, loaded with seven rounds. He also had a Taser.
