Criminal charges were “not appropriate” against the Antioch police officers who fatally shot Guadalupe Zavala in 2021 during a standoff in which Zavala shot at officers and neighboring homes and vehicles, according to a report released Friday by California Attorney General Rob Bonta.
Shortly after 1:00 PM on December 10, 2021, Antioch Police responded to multiple calls from the area of James Donlon Boulevard and Hummingbird Drive about a man barricaded in his home with a rifle and shooting at neighboring homes and vehicles.
A standoff between Zavala and police lasted more than six hours, during which Zavala fired multiple bullets from several locations at police, vehicles and nearby homes.
Police said they had unsuccessfully used de-escalation measures by a crisis negotiation team in an attempt to force Zavala from his home.
Police said at one point Zavala left his front door with what appeared to be a “full-sized AR-15 style rifle.”
Two Antioch police snipers fired one bullet each, hitting Zavala, causing him to fall back. Zavala wore body armor and was able to get back on his feet and get back inside.
Later, a fire broke out in the house and Zavala ran outside and took cover in his backyard. When police used an armored vehicle to knock down the fence of Zavala’s yard, Zavala ran toward the armored vehicle and was fatally shot.
The California Department of Justice has concluded that no criminal charges should be filed in this case.
Assembly Bill 1506 requires the DOJ to investigate all officer-involved shootings resulting in the death of an unarmed civilian in California. The DOJ concluded that there is no reasonable doubt that officers did not act in lawful self-defense or in defense of others when they shot Zavala.
“However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has made specific policy and practice recommendations regarding the incident,” the department said in a statement.
“Loss of life is always a tragedy,” Bonta said in the statement. “AB 1506 is a critical tool for transparency and accountability, and our hope with this report is to provide some understanding and assistance in advancing a safer California for all. The California Department of Justice remains steadfast in our commitment to cooperate with all law enforcement officials. partners to ensure an impartial, transparent and accountable justice system for every California resident.”
The DOJ has issued several policy recommendations that it says will help prevent similar incidents in the future, including that the Antioch Police Department should ensure that officers are equipped with effective communications equipment that can operate in the hilly areas covered by their department. The department must seek additional coverage or upgrades through department-issued cell phone or radio providers, or, if that is impractical or not feasible, investigate whether there are other cell phone providers or radio channels that would operate in all areas they serve.
The DOJ also said the Antioch Police Department should ensure that officers can communicate effectively and efficiently with officers from other agencies in future incidents by establishing regional radio channel systems for interagency communications.
A copy of the full report can be found here.
