San Diego County District Attorney Summer Stephan announced today that Firestone Complete Auto Care has agreed to a more than $3 million settlement with her office and 28 other prosecutors in an environmental protection case that alleged the company unlawfully disposed of hazardous waste at Firestone service centers across California, including in San Diego County.

On February 4, a judge ordered $2.87 million in civil penalties to be paid by Bridgestone Retail Operations, LLC, the company that does business as Firestone Complete Auto Care at more than 150 locations in California. The civil complaint, filed in Santa Clara County Superior Court, alleged that the automotive repair company did not properly manage hazardous waste, such as solvents, automotive fluids, aerosols, batteries, and electronic devices. The settlement also resolves allegations that the company failed to redact or shred confidential customer information before throwing the paperwork in the trash.

“Protecting our community from hazardous waste and holding companies accountable when they flaunt environmental laws is a priority for our Environmental Protection Unit,” DA Stephan said. “We will continue to work with our fellow prosecutors around the state to enforce these laws.”

In addition to paying civil penalties, Firestone was ordered to pay $350,000 for the cost of the investigation and $725,000 in agreed-upon compliance and training expenditures. Firestone cooperated with prosecutors during the investigation and took steps to improve its compliance with the environmental and consumer protection violations brought to its attention. The San Diego District Attorney’s Office will receive about $227,000 from the judgment.

The investigation began in 2016 when Santa Clara County and Alameda County DA investigators conducted unannounced inspections of Firestone trash containers, revealing non-empty containers of hazardous waste and pages of customer records. Additional inspections in those counties and in San Diego, San Bernardino, and Orange counties took place over the next three years.

The Firestone judgment is the latest in a series of environmental civil enforcement actions successfully brought by California prosecutors against large automotive service providers and retailers. The prior judgments, which included civil penalties and injunctions, were against Service King (2019, $2.3 million), Pep Boys (2019, $3.7 million), AutoZone (2019, $11 million), AutoNation (2018, $3.3 million), and O’Reilly Auto Parts (2016, $9.8 million).

San Diego County District Attorney Summer Stephan filed felony charges today against a man who clashed with protesters near San Diego Mayor Todd Gloria’s home and fired a gun near the crowd last year. Lonnie James Crawford, 37, was arraigned today and charged with discharging a firearm in a grossly negligent manner and unlawful possession of a firearm and a controlled substance. If convicted on both charges, Crawford faces up to four years, eight months in prison.

The charges stem from an incident on the evening of August 30 last year, when a group of people gathered outside of Mayor Gloria’s home to protest. Crawford drove his truck through the crowd of protesters and had a verbal altercation with them. He then entered a nearby apartment building and came out a short time later, firing at least one shot into the air. No one was hit by gunfire and no one was injured.

“These felony charges reflect the seriousness of the defendant’s actions and the danger he posed to the protesters who were clearly victimized by his actions,” said DA Stephan. “I want to be clear that everyone’s right to protest peacefully must be safeguarded and anyone who harms that right through illegal conduct will face consequences.”

The DA reminded the public that victims of crime can contact the office’s Victim Services Division for support and assistance.

The DA’s Office has filed criminal charges in several protest related cases, including Antifa members for criminal actions on an organized protest in Pacific Beach and for the Imperial Beach assault of two men participating in a peaceful Black Lives Matter protest.

Crawford pleaded not guilty at arraignment today and is scheduled to appear for a preliminary hearing on April 28.

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.