HEMET, CA — The California Attorney General will not file criminal charges against eight Hemet police officers who fired 69 lethal rounds at a man they thought was armed, it was announced Monday.
Following a more than year-long investigation by the state's Department of Justice, the agency concluded in a 35-page report that criminal charges against the officers were not appropriate because the lawmen believed deadly force was necessary to defend themselves and others.
Just after 12 a.m. on July 4, 2024, Jimmy Eugene Lopez, 26, entered the After 5 Lounge located at 133 North Harvard Street in Hemet. He was drinking, chatting with patrons, and becoming increasingly intoxicated, according to the DOJ report.
Patrons physically supported him to keep him upright, and he was eventually helped out of the bar, according to the report.
Just after 1:30 a.m., a bar employee called 911. She stated that a man, later identified as Lopez, was "super intoxicated," and she was "trying to get him an Uber." She also reported that the man's phone and a gun fell out of his pocket, the DOJ investigation found.
A description of Lopez and his direction of on-foot travel was provided. He was allegedly stumbling and struggling to maintain his balance, and appeared to be carrying a black handgun.
Hemet police received a radio call from dispatch at approximately 1:42 a.m. about the alleged armed man. Based on the nature of the call and the potential danger of an armed suspect, several officers responded to the area.
They found their suspect, Lopez, lying on the sidewalk, propped up against a brick wall along the glass storefront of Balloons N Things, located at 208 East Florida Avenue — a party supply store situated around the corner from the After 5 Lounge.
Police called to Lopez, and he sat upright. They ordered him to put his hands up, and he complied, according to the DOJ report.
At some point, Lopez reached down with his left hand and retrieved a vape pen from the ground next to him, lifted it to his mouth, and took a deep inhalation. He exhaled and placed the vape back on the ground.
As Lopez made these movements, multiple officers repeatedly told him "don't reach," "get on your stomach," and to "keep your hands up," according to the report.
Lopez then shifted his weight and reached for an item with his right hand, retrieving an apparent black handgun from the ground, the DOJ report states.
Police deployed a 40mm launcher, and they fired less-than-lethal shots at Lopez but missed him. Lopez then raised his apparent gun and pointed it in the direction of law enforcement, according to the report. That is when officers fired on him.
It was 63 seconds from the time police spotted Lopez outside Balloons N Things until the time they fired and killed him.
The weapon Lopez was holding was an Airsoft BB gun, but to the police it resembled a Glock 19.
Lopez was raised by his grandparents. He had two daughters, ages 4 and 6, who lived with their mother.
Lopez's main vice was alcohol, which he used to escape depression, mainly stemming from the tumultuous relationship with his daughters' mother and not being able to see his children, his grandparents and an uncle told investigators.
He was not involved in any gang or criminal activity. However, he had a previous driving under the influence charge, for which he was going to court, the family said.
The family had no reason to believe Lopez was suicidal or might possibly be engaging in any risky behaviors. Overall, the family characterized him as getting his life together, working a consistent job, and trying to grow as a person, according to the DOJ report.
In the weeks following the deadly shooting, Lopez's family members
The state investigation into the shooting considered potential recommendations, including (1) whether officers should have redeployed the 40mm launcher or deployed other less-lethal weapons, (2) positioned their vehicles differently to avoid the risk of cross-fire, or (3) rendered medical aid themselves.
"However, after a thorough evaluation, DOJ did not have recommendations to modify the policies and practices of HPD as it concerns this specific shooting incident," according to a news release from California Attorney General Rob Bonta's office.
State probes into police shootings are routine in California under
"The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California," Bonta said. "AB 1506 is a critical transparency and accountability tool, and our hope is that this report provides understanding that advances towards a safer California for all. Any loss of life is a tragedy, and we extend our condolences to Mr. Lopez's family. We will continue to work to foster a just and equitable legal system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities."
A copy of the DOJ report into the Lopez shooting can be found