Orange County prosecutors have cleared Fullerton officers of any criminal wrongdoing in the fatal bean-bag shooting of an unarmed transient in front of a fast food restaurant two years ago, according to a report released Thursday.
In a letter dated Feb. 19, the Orange County District Attorney’s Office concluded officers were legally justified in the killing of 50-year-old Alejandro Campos Rios of Buena Park.
A McDonald’s employee called police about 2:55 a.m. March 6, 2024 because she was concerned about two apparently homeless men who appeared to be high at the front entrance at 1341 S. Brookhurst Road, according to prosecutors.
Campos Rios refused commands from officers who arrived on scene and was confrontational as he swung a belt with a metal buckle around, prosecutors said. After about 10 minutes of attempting to de-escalate the situation, Cpl. Nicholas Jarvis opened fire with a less-lethal weapon.
“In this incident, the evidence demonstrates that Cpl. Jarvis reasonably believed that Campos Rios posed a significant threat of death or serious physical injury to himself and others,” former Deputy District Attorney Nick Thomo wrote in his report.
Jarvis also told investigators he grew concerned because of the tone of voice from one of his fellow officers over the dispatches on the police radio, Thomo said.
When Jarvis arrived on scene, he saw Campos Rios was “shirtless, in an agitated state and showing objective signs of narcotic use,” Thomo wrote.
Jarvis “also personally observed Campos Rios swinging his belt around wildly and striking the ground and walls of the McDonald’s building,” Thomo wrote. “This erratic, violent behavior corroborated his fear and concern for the safety of Campos Rios and those around him.”
Cpl. Anthony Valle unsuccessfully attempted to subdue the suspect with a Taser, Thomo said. So, Jarvis shot Campos Rios with the bean bag shotgun, which was also ineffective until the fifth time, when the projectile slammed into his chest, Thomo wrote.
Jarvis “reasonably feared for his life and the lives of others,” Thomo said.