Former San Diego County Sheriff’s Deputy Aaron Russell, 25, pleaded guilty today to one felony count of voluntary manslaughter in connection with the shooting death of a man he saw escape from a patrol car near the downtown San Diego jail in May of 2020. Russell also admitted he personally used a firearm in the commission of the crime. Russell shot Nicholas Bils, 36, in the back and the side as he ran near Front and B Streets. The incident was caught on a Smart Streetlight surveillance camera near the intersection.

Russell is scheduled to be sentenced by Superior Court Judge Francis Devaney on February 7. He faces up to 11 years in state prison.

“As in every case, my office follows the law and the evidence in pursuing a fair and equal justice for all,” said District Attorney Summer Stephan. “After an extensive analysis of all the evidence, including that presented by the defense after the preliminary hearing, the defendant’s guilty plea to felony voluntary manslaughter accurately reflects that this is a homicide in which the victim was unlawfully killed, and that the former deputy sheriff erroneously and unreasonably believed it was necessary to defend against a perceived imminent threat. The District Attorney’s Office has met with the victim’s mother regarding this settlement. Her input was a critical component in determining the appropriate resolution as she has suffered an unspeakable loss because of the defendant’s actions. Nothing will bring back this family’s loved one, but we hope this conviction will bring them a measure of justice and accountability.”

Nicholas Bils was being transported to jail in a State Parks patrol car when he slipped his left hand out of a handcuff and burst out of the vehicle. A nearby State Parks officer opened the door of his pickup and tried to get out to stop Bils, but Bils shoved the door against the officer and took off running, handcuffs still on Bils’ right wrist. The officer from the pickup ran after Bils. Russell, who was then a Sheriff’s Deputy, was standing at the intersection in uniform and observed the attempted escape. As Bils ran with a handcuff around his right wrist, Russell fired five shots, striking Bils four times.

During a preliminary hearing, a fellow Sheriff’s Deputy who had also witnessed the attempted escape, testified that he planned to chase and tackle Bils. He testified he saw no need for any type of other force and did not feel anyone in the area was in immediate danger. Following a preliminary hearing, Russell was ordered to face trial on a charge of second-degree murder.

Russell’s attorneys raised several theories of justification for the use of the force, but in the plea agreement entered into the public record today, Russell admitted that he “unreasonably believed that I or someone else was in imminent danger of being killed or suffering great bodily injury. I actually, but unreasonably believed that the immediate use of deadly force was necessary to defend against the danger. I, therefore, acting alone, personally used my department-issued firearm to shoot Nicholas Bils, ending his life.”

In January 2020, California law changed to make use of deadly force permissible only when “necessary,” when a life is in imminent danger and nonlethal methods are not available. Previously, deadly force had been allowable when “reasonable.” Russell is the first law enforcement officer in California to be charged with murder since the state raised the standard for when peace officers can use deadly force.

San Diego County District Attorney Summer Stephan announced today that she and 27 elected District Attorneys across California have been granted a temporary restraining order, by Sacramento Superior Court Judge Raymond Cadei, preventing the California Department of Corrections and Rehabilitation (CDCR) from enacting an increase from 50% “good time” custody credits to 66% credits for inmates who have been previously convicted of one or more serious and violent crimes.

The court order comes in the wake of CDCR’s recently enacted “emergency” regulations that allow for additional custody credits to be awarded to serious and violent felons, leading to their earlier release from prison, including credits that are not based upon completing any rehabilitation programs.

CDCR’s newest regulations also grant additional good conduct credits to inmates working in fire camp related activities. Unrelated to fire camp credits, CDCR sought to increase credits to 66% good conduct credits and two-thirds time shaved off sentences to second strike inmates. CDCR took this action amid a pending lawsuit that San Diego DA also joined in challenging the additional credits on the basis that it had illegally used the emergency exception to bypass public comment. The new class of credits would include providing addition custody credits for inmates convicted of domestic violence, residential burglary, assault with a deadly weapon, human trafficking and possession of weapons, who also have previous convictions for serious and violent felonies.

“Releasing inmates early who have committed atrocious crimes after only serving a fraction of their sentence threatens the safety of our communities and is a slap in the face to crime victims who are still suffering,” DA Stephan said. “My fellow District Attorneys and I do not contest good conduct credits for fire camp work, but extending those credits to inmates with serious and violent criminal histories is not in the interest of justice or the public’s safety.”

To stop the enforcement of this newest early release “emergency regulation,” the 28 District Attorneys filed a temporary restraining order on December 22 with Sacramento District Attorney Anne Marie Schubert’s office as the lead author. On December 29, the court granted the petition and issued the order against CDCR, opening the avenue to file a full lawsuit.

Suspect Wielding a Crowbar Advances on Officer

On the evening of April 21, 2021, the Escondido Police Department received a call reporting a person hitting parked vehicles with a metal pole in the parking lot of a business. An officer contacted Steven Olson, 59, the subject of the call, in the parking lot. The officer recognized Olson from prior police contacts. A witness at the scene explained he saw Olson tampering with a vehicle and hitting a pole while speaking incoherently.

Olson was holding a squeegee and a 25-inch metal crowbar in his hand. The officer told Olson multiple times to put the crowbar down. Olson held the squeegee and crowbar down to his side and did not raise the crowbar in a threatening manner. Olson did not comply with the officer’s commands to drop the crowbar and jogged away from the officer. The officer advised over police radio that Olson was running away and the officer was not in pursuit.

About five minutes later, a second officer was driving to an unrelated burglary alarm call when he observed Olson standing in the middle of the street at 100 South Broadway in Escondido. The officer had been monitoring the radio call regarding Olson potentially vandalizing vehicles and was also familiar with Olson from previous contacts. He used the public address system in his patrol vehicle to warn Olson to leave the area or he may go to jail. Olson did not comply with the officer’s commands.

The officer exited his patrol vehicle and Olson walked directly toward him. Olson dropped the squeegee but was still holding the crowbar in his right hand. The officer unholstered his firearm and backed up as Olson walked quickly towards him. The officer pointed his firearm at Olson and gave him multiple commands to drop the crowbar. Olson continued to advance towards the officer with the crowbar held up to his side with his elbow bent in a 45-degree angle. The officer continued backing up while telling Olson several times to drop the crowbar or he was going to shoot him. Olson continued advancing towards the officer, who had stepped up onto a sidewalk and was backing up against a wall. Olson came within striking distance and the officer feared Olson would strike him with the crowbar, so he fired his weapon striking Olson several times. Olson fell back into the roadway, dropping the crowbar onto the sidewalk.

Additional officers arrived within seconds and immediately provided medical aid until paramedics arrived. Olson was transported to Palomar Medical Center where he was pronounced dead. Toxicology testing detected amphetamine and methamphetamine in Olson’s system.

The District Attorney’s review determined the officer would have reason to believe that he was in imminent threat of serious bodily injury or death, viewing the situation as an objectively reasonable officer would. While the officer was equipped with less lethal options, the use of any of these less lethal options was not feasible given the immediacy of the perceived threat. Under the totality of circumstances, the officer was justified in his actions and bears no state criminal liability.

Read the DA’s detailed review here. Video of this incident has been released previously by the Escondido Police Department.

 

Man Threatening to Jump from a Second Story is Detained

On March 12, 2020 just before midnight, Chula Vista Police received a call from a woman who said her father was attempting to jump out of a two-story window. The woman’s boyfriend was restraining the male. Two officers were dispatched separately to the scene. The woman led the first officer to arrive upstairs where Oral Nunis, 56, was seated on the floor in a doorway to one of the bedrooms with the woman’s boyfriend positioned next to him. The officer attempted to handcuff and detain Nunis by grabbing onto his arm. Nunis pulled his arm away and told him he did not want to be handcuffed. The officer backed off to de-escalate the situation and called for assistance.

The officer continued to speak with the woman about what occurred earlier. Nunis stood up and tried to walk past the officer, who grabbed Nunis’ arm to handcuff him, but Nunis pulled away and ran down the stairs. Nunis ran out the front door and onto the street. The first officer tackled Nunis and a struggle ensued. The second officer arrived to assist. Nunis actively resisted both officers. The officers were ultimately able to place Nunis’ hands behind his back and handcuff him.

Additional officers arrived on scene and Nunis was placed in a WRAP restraint device. A mesh “spit sock” was placed over Nunis’ head after he began spitting onto the ground. Paramedics arrived on scene and loaded Nunis into an ambulance. While in the ambulance, Nunis stopped breathing and went into cardiac arrest. The WRAP device was removed, and paramedics began CPR. Nunis was transported to Sharp Chula Vista Medical Center, where he was pronounced dead.

An autopsy determined the cause of death was sudden cardiorespiratory arrest while restrained in police custody. The medical examiner was unable to identify why Nunis went into cardiorespiratory arrest, but opined it was likely an excited delirium-type scenario.

The District Attorney’s review of the incident determined the officers’ use of physical restraint techniques and application of the WRAP device were reasonable under the circumstances. After the various applications of force were made during the incident, Nunis was breathing and still able to talk. There were no obvious signs of distress until he was being prepared for transport to the hospital inside the ambulance.
Based on the totality of circumstances and the Medical Examiner’s report where the cause of death was ‘undetermined,’ there is insufficient evidence to show that the death of Mr. Nunis resulted from any unreasonable application of restraint by the officers. After the various applications of force were made during the incident, Nunis was breathing and still able to talk. There were no obvious signs of distress until he was being prepared for transport to the hospital inside the ambulance.

Therefore, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions

Read the DA’s detailed review here. The Chula Vista Police Department previously released body-worn camera video evidence of this incident.

 

Suspect Points Loaded Gun at Sheriff’s Deputy

On June 18, 2021, two San Diego Sheriff’s Department Deputies were dispatched to a radio call of a person sleeping under a tree in a vacant lot in Encinitas. Both deputies arrived at about 8:00 a.m. and contacted Eric Anderson, 40. Anderson seemed unsettled and started packing his belongings. He told them he was just traveling through the area and had rested there for the night. Anderson claimed he had never been arrested and was not on probation or parole.

One of the deputies conducted a records check and found prior arrest records and a photo of Anderson. Anderson denied the arrest record and began to stand up. He was told to sit down but he ignored the deputy’s order, and as he stood up, he hid something behind his back. Anderson yelled, “Get the fuck back, get back!” He pointed an object wrapped in a green bandana at the deputies and held it as if it was a gun.

One of the deputies realized Anderson was in fact holding a gun. Anderson ran down the hill and the deputies pursued him. One of the deputies chasing Anderson began closing the distance between them. When the deputy was seven to ten yards away, Anderson began slowing to a stop. Anderson turned his body to the left towards the deputy and extended out his left arm, holding a black semi-automatic handgun in his hand. Both deputies fired at Anderson, who dropped the gun and fell to the ground. The deputies provided medical aid and Anderson was transported to the hospital where he was pronounced dead.

In reviewing the circumstances of this case, the deputies’ actions were reasonable based on the circumstances known and perceived by them at the time of the shooting. Anderson created a deadly force situation by pointing a handgun at the deputy. Both deputies reasonably believed that Anderson posed an imminent threat and intended to cause serious bodily harm or death. The use of a less lethal option in this situation was not reasonably safe and feasible. Therefore, the deputies bear no state criminal liability for their actions.
Read the DA’s detailed review here.

 

Homeless Man Shot During Interaction with Officers

On February 25, 2021 at about 7:00 p.m., a pedestrian flagged down a San Diego Police officer regarding a man armed with a knife at Third Avenue and G Street in downtown San Diego. The man was creating a disturbance and causing pedestrians to walk in the street to avoid him. The subject, described as an older male who was possibly homeless, was later identified as Stephen Wilson, 69. The officer arrived on the scene and saw Wilson speaking to occupants of a red vehicle. There was a shopping cart nearby with trash scattered around it. As the officer exited his patrol vehicle, Wilson walked away from the red vehicle. The officer identified himself and informed Wilson he was there because someone reported a person with a knife acting strangely.

Wilson denied having a knife and the officer did not see a knife on him at that time. Wilson told the officer the knife was possibly in the shopping cart.

Two additional officers arrived to provide cover. The first officer on the scene planned to detain and handcuff Wilson in order to investigate whether he had a knife. As the officer stepped towards him, Wilson said, “Back off,” and moved away from the officer and towards the shopping cart. Wilson turned to his right and the officer saw a knife sticking out of Wilson’s left rear shorts pocket. Wilson was armed with a Santoku-style knife that was about 10 inches long. The officer told Wilson not to reach for the knife. Wilson removed the knife from his pocket as the officer simultaneously drew his weapon from his holster. Wilson dropped the knife to the ground as the officer fired three rounds at him. Wilson was struck and fell to the ground. Officers provided first aid and Wilson was transported to UCSD Hospital for treatment and Wilson survived the shooting.

The District Attorney’s review determined that the evidence showed Wilson reached for and removed the knife from his pocket while standing within feet of the officers, including his fellow officer who was not prepared to defend himself if Wilson planned to use the knife to assault them. The officer who fired was reasonable in his belief at that moment, that Wilson presented an imminent threat of death or serious bodily harm. The officer therefore bears no state criminal liability for his actions. The officer stated he did not feel there was time to revert to less lethal options in what he perceived to be a lethal situation.

Read the DA’s detailed analysis here. The San Diego Police Department previously released body-worn camera video evidence of this incident.

San Diego County District Attorney Summer Stephan today announced that a jury has found former La Mesa police officer Matthew Dages, 30, not guilty of one felony count of filing a false police report.

On May 27, 2020, Dages confronted, detained, and arrested Amaurie Johnson, 24, near a trolley station last year, an incident that sparked protests in the city. The La Mesa Police Department did not forward the case against Amaurie Johnson to the District Attorney’s Office for prosecution, but did request the District Attorney’s Office review a case against Matthew Dages.

Several law enforcement officers testified that dishonesty in police reports can never be tolerated in our judicial system.

District Attorney Summer Stephan released the following statement:

“I want to thank the jury for their time and consideration of this case. While I respect the jury’s verdict, I remain proud that my team courageously fought for justice without prejudice against or favor towards anyone. The integrity of our criminal justice system depends on police officers filing truthful police reports and our thorough review of the facts and evidence led us to bring the charge and present the case to the jury. The community can take comfort in knowing that the vast majority of police officers in our county serve with honor and uphold the law while doing the difficult job of keeping our communities safe.”

San Diego County District Attorney Summer Stephan today announced multiple felony charges against six of the eight people arrested in connection with violent criminal acts committed earlier this year during a demonstration in Pacific Beach on January 9, 2021. Charges against the defendants include conspiracy to commit a riot, illegal use of tear gas, assault by means likely to produce great bodily injury and vandalism. If convicted, the defendants face a sentencing range of probation up to 10 years and eight months in prison.

The defendants who appeared in court today were Luis F. Mora, 30; Joseph Gaskins, 21; Martin Talab, 27; Jeremy White, 39; Bryan Rivera, 21; Brian Lightfoot, 25; and Jesse Cannon, 31. A readiness hearing was set for December 15 and a preliminary hearing is currently set for December 17. The remaining two defendants will be arraigned at a later date. An outstanding arrest warrant exists for the ninth defendant.

The Defendants are self-identified to be affiliated with Anti-fascists or Antifa and in this case organized into two groups, one originating from Los Angeles and the other from San Diego. The defendants began organizing on January 2, 2021 for what they referred to as “Direct Action” against a demonstration to take place on January 9, 2021 in Pacific Beach. Evidence gathered in the investigation shows that Antifa members reference to “Direct Action” means acts of violence such as assault, battery, assault with deadly weapons, arson, and vandalism.

On January 9, the crowd of self-identified Antifa— many of them dressed in all black clothing commonly known as “Black Bloc” and wearing Antifa memorabilia— gathered at the Pacific Beach pier to counter a political demonstration that was referred to as “Patriot March,” in support of the former President. The group wearing all black arrived an hour prior to the scheduled beginning of the “Patriot March.” The group gathered and began to march up and down the boardwalk. On at least eight separate occasions, approximately 15 to 20 members from the counter protesting group (Antifa-affiliated) broke off and surrounded perceived members of the Patriot March group and attacked them using impact weapons and mace. At present, there are 16 known victims.

At one point, a line of 20 to 25 counter protesting individuals advanced on a smaller group of four people from the Patriot March, yelling obscenities at them and screaming for them to run. One member of the group, who was dressed in black with their face covered, pulled out a can of pepper spray and sprayed it in their faces. The smaller group was attacked with chairs, sticks, glass bottles, full alcohol/beer cans and closed fists as they were chased down the boardwalk.

The Antifa-affiliated group surrounded several minors who they believed to be attending the Patriot March, sprayed them with mace and chased them up the boardwalk, shoving one of the minors to the ground. The minor was surrounded and beaten resulting in the minor victim being taken to the hospital to be treated for a concussion.

In addition to assaults on those participating in the Patriot March, there were collateral victims including a dog that was maced, a journalist attempting to take photos, a business that was vandalized, and assaults on police officers.

Video evidence analysis shows that overwhelmingly the violence in this incident was perpetrated by the Antifa affiliates and was not a mutual fray with both sides crossing out of lawful First Amendment expression into riot and violence.

The San Diego Police Department declared the event an unlawful assembly and demanded that the protestors disperse. The counter protestors threw bottles, eggs, rocks and sprayed at the officers with mace before the crowd was finally broke up.

SDPD, working with the District Attorney’s Office, investigated multiple allegations of violent criminal conduct. As a result of those investigations, on December 2, search and arrest warrants were served throughout Los Angeles and San Diego counties.

As in every case, the District Attorney’s Office follows the rule of law in bringing charges where the evidence supports it beyond a reasonable doubt regardless of the political orientation of crime victims, as the right to peaceful protest must be protected. When peaceful Black Lives Matter protesters were assaulted in Lemon Grove, the DA’s Office brought felony charges and obtained felony convictions.

Anyone who was a victim in the incident who hasn’t spoken with law enforcement may contact SanDiegoDA@sdcda.org