California Department of Justice Releases Report on Officer-Involved Shooting of Curtis Barnett

OAKLAND - California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Curtis Barnett's death from an officer-involved shooting in Salinas, California, on July 13, 2022. The incident involved officers from the Salinas Police Department (SPD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.

"The tragic loss of life in this incident profoundly affects the entire state of California," said Attorney General Bonta. "We recognize the considerable challenges and difficulties faced by all those affected, including Mr. Barnett's family, the law enforcement agencies involved, and the community at large. The California Department of Justice is dedicated to collaborating with all law enforcement entities to maintain a legal system that is fair, transparent, and accountable to every Californian. We are committed to building trust and integrity within our justice system, ensuring that the rights and dignity of all individuals are upheld and safeguarded."

On July 13, 2022, SPD police officers responded to a call about a stabbing in Salinas, California. While the officers were en route to the scene, dispatch advised that a reporting party called in that the suspect had a firearm. On arrival, officers contacted the stabbing victim at the curb and minutes later, Curtis Barnett emerged at the front door of his house. He was carrying what appeared to be a Tommy submachine gun in his left hand and a sword in his right hand and began yelling expletives at the officers. Officers saw Mr. Barnett and repeatedly ordered Mr. Barnett to put down the gun. Mr. Barnett did not comply and instead, walked toward the officers while yelling at the officers when the officers shot him. After the shooting, the officers discovered that the Tommy submachine gun held by Mr. Barnett was an airsoft gun and not a firearm.

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved acted without the intent to defend themselves and others from what each of them reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. The first recommendation is regarding body worn camera activation and policy. It is recommended SPD revise their policy on body worn cameras to state that SPD officer members shall activate their body worn cameras rather than state that officer members should activate the cameras during critical incidents. This will eliminate any potential ambiguity of the requirement that officers activate their body worn cameras. It is also recommended that SPD continue to provide training and instruction regarding the appropriate circumstances for the activation of body worn cameras.

The second set of recommendations is regarding communication between officers. It is recommended that SPD review their current Policy No. 308.9 to determine if the policy provides sufficient guidance when officers need to transition from a less lethal to lethal weapon system when facing a rapidly evolving critical incident.

A copy of the report can be found here.