Sunday, May 29, 2022

District Attorney: Officer-involved shooting in Nipomo was justified

The San Luis Obispo County District Attorney's Office found that when law enforcement officials used fatal force against Scott Cameron Huffman (42) of Bakersfield, they did not break the law, so no charges will be filed against them.

District Attorney Dan Dow said today that his office has concluded an independent investigation into the officer-involved gunshot that resulted in Scott Huffman's death (42). After firing multiple bullets at the Vons Gas convenience store, Huffman then fired toward traffic and bystanders on Tefft Street, before returning to Vons Gas and firing many more shots inside the business. When officers arrived to the Vons Gas shop in Nipomo at 11:31 a.m. on August 21, 2020, Huffman did not comply with their orders to drop the fire and turn around.

The district attorney's office in San Luis Obispo County has ruled that the police who used lethal force did not break the law, and no charges will be filed against them.

With few exceptions, the District Attorney is responsible for conducting an impartial investigation into all officer-involved shootings in San Luis Obispo County. The District Attorney's responsibility in this investigation is to evaluate if any violations of California criminal law were committed by the relevant officer or officers during the occurrence. This assessment does not address policy, training, tactics, or civil culpability directly. There is no established time limit for completing such an assessment, and each incidence has its own set of circumstances.

The District Attorney's Office is obligated by the same crime charging criteria whether an individual is a civilian or a peace officer when assessing any inquiry for the possibility of pursuing criminal charges. The California District Attorneys' Association Uniform Crime Charging Standards lays out these guidelines in detail.

An impartial examination of the series of occurrences was done in accordance with our ethical and legal commitments as well as the Uniform Crime Charging Standards. Seventy-five civilian and law enforcement witnesses were interviewed, and two hundred and eighty items of evidence were collected. The investigation also included a review of patrol in-unit videos, surveillance and mobile phone videos, dozens of photographs, location diagramming, forensic evaluation and testing of physical evidence, and a review of social media accounts.

Based on a study of the Sheriff's final investigative report and the relevant legal standards, we believe there is insufficient evidence to show criminal wrongdoing on the part of the participating officers beyond a reasonable doubt. On August 21, 2020, there is solid evidence that each officer's conduct were reasonable, necessary, and justified in the totality of the circumstances when they discharged their weapons, killing Scott Huffman.

As a result, the District Attorney's Office in San Luis Obispo County has concluded its investigation into the officer-involved shooting.

Here is a link to the 26-page report.

Please contact Assistant District Attorney Eric J. Dobroth at (805) 781-5819 with any media questions.

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