San Diego County DA clears police, deputies in seven shootings

The San Diego County District Attorney’s Office announced Friday that it completed its review of seven recent police shootings — two of them fatal — and that the actions of the officers and deputies involved were legally justified.

The unrelated shootings happened between 2019 and 2022 and involved 10 law enforcement officers from three local agencies: the county Sheriff’s Department, and the San Diego and La Mesa police departments.

Because the district attorney found the officers involved were legally justified, they will not be charged criminally. However, at least one family — relatives of Jesus Salvador Veleta — filed a claim, which can be a precursor to a civil lawsuit, alleging San Diego officers used excessive force when they opened fire.

On July 23, the day Veleta was killed, officers had been investigating two reported shootings — one at Belmont Park in Mission Beach and another near a Food4Less in the Redwood Village area that left someone injured. In both situations, the suspects had reportedly fled in a blue Honda Civic, investigators said.

Officers later located the car and pulled it over, but Veleta got out, a gun in his hand, and fled, the district attorney’s report said. Officers gave chase until Veleta fell to his knees in the back of a restaurant. Officers were asking Veleta to put down the gun when, with his back towards officers, he raised the weapon behind him toward police.

San Diego police officers Gregory Bergman and Anthony Guerra, who had each been with the department for about a year, shot Veleta in the back, the report read.

Veleta’s family contends he was trying to surrender when police fired on him.

“The officers used excessive and lethal force on Mr. Veleta, who was surrendering and with his back turned to them,” the complaint states. Attorney Elliott Kanter, who is representing the family, said a lawsuit had not yet been filed.

The fatal shooting prompted at least one public demonstration against San Diego police later in the summer.

The District Attorney’s Office found that both Bergman and Guerra “reasonably believed Veleta posed an imminent threat to them” and that the threat “needed to be instantly confronted.” The report also said officers had no reason to believe Veleta was going to surrender.

Here, in chronological order, are the six other incidents — as described by the District Attorney’s Office — in which findings were released Friday:

Ryan Bowers, 25, had allegedly cut his own neck with a knife in a Midway District apartment shortly before family members called police for help on Jan. 3, 2019.

Officers responded, and Bowers’ father led one of them — Officer Matthew Steinbach — to where Bowers was sitting in a darkened room, the district attorney’s report said. When Steinbach asked Bowers how he was doing, he stood and pulled a knife from the front pocket of his sweatshirt.

Steinbach drew his gun and ordered Bowers to drop the weapon, according to the report. Bowers moved toward Steinbach with the knife drawn.

“Steinbach feared he or Bowers’ father would be stabbed by Bowers and fired two rounds striking Bowers once in the chest,” the report read.

Bowers was taken to a hospital and recovered. He faced several charges, including exhibiting a deadly weapon to a police officer, and was sent to a mental health diversion program, according to the report.

Bowers’ father told investigators that he could have gotten the knife away from his son and that the officer didn’t need to open fire. In the report, he said that’s why he didn’t want to call 911.

Daniel McKibben, 36, was wanted for the grisly death of his mother when he was shot and wounded in a La Mesa home on May 2, 2019.

But the officer who opened fire didn’t know that at the time.

Police were sent to the La Mesa house after a man reported a trespasser refusing to leave. Two officers found McKibben on the living room sofa with one of his hands concealed behind his back, and he immediately told them he was armed.

Both officers drew their handguns, and McKibben “suddenly drew his right hand from his back” towards police. Officer Roberto Nava fired and then again after McKibben grabbed a large knife from somewhere in the couch.

Other officers arrived and helped take McKibben into custody. When he was taken to a hospital, he was identified as a suspect in his mother’s killing.

McKibben later pleaded guilty to the crime and admitted special circumstances of robbery and torture — an allegation arising from the dozens of stab wounds to his mother’s head, face and neck, prosecutors said. He was sentenced to life in prison without the possibility of parole in October.

Shane Felix, 34, allegedly told his mother over the phone on Jan. 6, 2020, that he had cut himself and was suicidal.

His mother, who lives in Oklahoma, called the Sheriff’s Department and asked for a welfare check at the Lemon Grove home where Felix lived with his grandparents.

Deputies Lisa Crill, Casey Dow and Matthew Poulin entered the home with the grandmother’s permission. When Crill asked if she could check Felix for weapons, he took a step back and pulled a large firearm from his jacket.

All three deputies opened fire.

The District Attorney’s Office concluded that “Felix’s action of drawing a firearm … caused Crill, Dow and Poulin to independently of one another” believe Felix was a threat and that they needed to protect themselves and their colleagues.

Felix was shot multiple times but survived.

Setha Phangdy, 38, was killed in a shootout with an El Cajon police sergeant after allegedly shooting and wounding a man in an office building on Aug. 19.

Sgt. Kevin Reilly was sent to investigate when he spotted Phangdy in the middle of a road. Phangdy pointed a gun at Reilly’s patrol vehicle and started firing.

Reilly hid behind his dashboard, and when Phangdy didn’t stop shooting, Reilly ran into him with his patrol vehicle, the report read. When Reilly got out of the vehicle, Phangdy was trying to reload his weapon. The sergeant ordered Phangdy to drop the gun, and when he did not, Reilly fired.

Phangdy was taken to a hospital where he died.

Jesus Medina Morales, 35, was shot after allegedly running from a traffic stop in City Heights and then shooting at the San Diego officer who gave chase on Sept. 28.

Officer Justin Hibbard, who had been with the department for less than a year, was with his field training officer when he attempted to stop Morales.

Morales, who was on a motorcycle, sped off, crashed and then tried to run away, police said. While running, Morales pulled out a handgun and fired at Hibbard. The officer returned fire, hitting Morales in the arm and chest.

Morales threw his firearm and surrendered to police. He was taken to a hospital and was treated for his injuries. Morales later pleaded guilty to attempted murder and other charges, and was sentenced to 27 years in prison on May 4.

Omar Rojas, 20, was under the influence of alcohol and methamphetamine on Sept. 28, 2021, when he slashed two of the tires on a stranger’s vehicle in a Vista parking lot.

When sheriff’s deputies responded, Rojas fled into the backyard of a nearby home, where he grabbed a pellet gun that looked like a rifle.

Sheriff’s deputies ordered him to drop the weapon, which they believed at the time could be a real gun. Rojas later told investigators he intentionally pointed the weapon at deputies so they would shoot him.

Deputy Justin Williams fired 12 times. Rojas was wounded but survived.

Two months after the shooting, Rojas pleaded guilty to felony counts of vandalism and resisting an officer. The District Attorney’s Office concluded “it was reasonable for Williams to believe Rojas was armed with a rifle and would shoot at Williams and his partners.”