The San Bernardino County District Attorney’s Office has completed its review of the officer-involved shooting which occurred on March 15, 2018. This incident happened in the city of San Bernardino and involved the San Bernardino Police Department. The shooting was investigated by the San Bernardino Police Department.
SYNOPSIS
On March 15, 2018, at about 9:19 pm, Witness 1 called 911 for assistance at a residence in the 700 block of W. Virginia Street in San Bernardino. She reported that Jorge Adan Pelayo, Jr. (Age 21 of San Bernardino), was driving a Mitsubishi when he crashed it into a fence, damaging a portion of an apartment building. Mr. Pelayo exited the vehicle and began arguing with a female (Witness 2) and Witness 1. Both of these witnesses told Mr. Pelayo to leave the scene.
Mr. Pelayo moved his Mitsubishi from the driveway but then returned to the scene. The females went into their apartment. Mr. Pelayo was unable to get into the apartment due to being locked out. Mr. Pelayo left the scene, aggressively driving the Mitsubishi.
A short time later, Mr. Pelayo was driving in the 1100 block of N. L Street, in San Bernardino, located southwest of Virginia Street. There were cars parked on both sides of the street, and due to the narrow width of the road, only one vehicle at a time can proceed in this area of L Street. Mr. Pelayo had to reverse his Mitsubishi as a larger SUV type vehicle was traveling towards him.
Once the SUV had passed, Mr. Pelayo quickly accelerated the Mitsubishi. He crashed into a Toyota Corolla, parked along the west curb of L Street, facing south. The Mitsubishi came to a stop next to the Corolla.
Witness 3 and Witness 4 went inside their residence to notify Witness 6 and Witness 9 about the crash. Witness 5 went to the Mitsubishi driver’s door to ask Mr. Pelayo if he was okay. Due to the force of the collision, Mr. Pelayo’s body shifted towards the passenger seat. He was able to wiggle out of the passenger door. While he did this, Witness 5 reached into the Mitsubishi to put the vehicle in park and removed the key from the ignition.
Witness 6 began speaking with Mr. Pelayo. Witness 4, 5, and 6 watched as Mr. Pelayo “huffed” a can of electronics duster. “Huff” in this context means Mr. Pelayo quickly inhaled the contents of the electronic duster. These people stated Mr. Pelayo appeared to be high, and Witness 6 believed Mr. Pelayo smelled of alcohol and was drunk.
Witness 5 told Mr. Pelayo he couldn’t leave the scene because the police were on their way. Mr. Pelayo pulled out a black handgun and showed it to the witness. This scared Witness 5, so he threw the Mitsubishi’s keys onto the driver’s seat and went inside a residence. Witness 4 also saw Mr. Pelayo remove the handgun from his hoodie. He went inside a home and told other people that Mr. Pelayo had a handgun.
Witness 7 called 911 at about 9:43 pm and told the operator a crash had occurred, the driver was “super drunk,” and he had a gun. San Bernardino Police Department Officers Klopping and Carranza heard the call dispatched at 9:45 pm. Being about one mile from the scene, they acknowledged the call and proceeded to the scene.
The officers were given a description of Mr. Pelayo and his vehicle. While they were proceeding to the scene, Witness 6 told Mr. Pelayo to put the gun away as the police were on their way. Mr. Pelayo did not put the gun away but instead began asking for his car keys. Witness 6 saw the keys on the driver’s seat. To keep Mr. Pelayo at the scene, he told him he might have dropped them on the ground, and Mr. Pelayo began looking at the ground to find the keys. While he did this, Witness 6 took the keys from the driver’s seat and went inside his residence.
Mr. Pelayo went to the residence where Witness 6 had gone and banged on the door with the gun in his hand. The remaining home’s occupants moved to a rear portion of the house for their safety. Mr. Pelayo asked Witness 6 to come back outside and help him find his keys. Witness 6 and Witness 8 went outside.
At about 9:49 pm, Officers Klopping and Carranza arrived at the scene with their overhead emergency lights flashing. They were in a marked police car, and both officers were wearing their uniforms. Officer Carranza positioned the police car behind Mr. Pelayo’s Mitsubishi and parked about 3′ from the Mitsubishi’s rear bumper. Mr. Pelayo was in the driver’s seat, unbeknownst to the officers.
The officers could see Witness 6 was in the street, east of the Mitsubishi’s passenger door. They also saw Witness 8 was southwest of the rear of the Mitsubishi, in front of a gate leading to the residence. Witness 6 told Mr. Pelayo the police officers had arrived.
The officers exited their police car with the guns drawn. Officer Klopping began shouting commands for everyone to put their hands up and get down on the ground. The officers’ had flashlights mounted on their guns, known as “tactical lights.” These tactical lights illuminated both witnesses.
Witness 6 immediately complied with the officer’s commands and moved to the ground, laying on his stomach, with his arms extended in front of his body.
Witness 8 did not move as quickly, but his hands were visible to the officers. The officers repeated their commands for Witness 8 to get down on the ground. As Witness 8 was finally getting on the ground, Mr. Pelayo exited the Mitsubishi driver’s door. Approximately 10 seconds had passed since the officers began shouting commands.
Mr. Pelayo began walking towards the officers. Officer Klopping saw Mr. Pelayo had a spray can in his left hand. He started veering towards the sidewalk away from the officers and dropped the can. Mr. Pelayo’s right hand was not visible to the officers.
Witness 5 saw Mr. Pelayo had both his hands in his pockets, and he knew he had the handgun somewhere on his person. Witness 5 laid on the ground in the doorway.
Mr. Pelayo moved onto the west sidewalk, and with his right hand, appeared to drop another can. Mr. Pelayo put his left hand up in the air but hid his right hand in front of him and away from the officers’ view. Mr. Pelayo had turned north and away from the officers.
At this point, Officer Carranza was about 12 to 15 feet behind Mr. Pelayo, offset to the east and in the street. Officer Klopping was east of Officer Carranza, southeast of Mr. Pelayo, and also in the street. The Toyota and Mitsubishi were between Officer Carranza and Officer Klopping.
From the point Mr. Pelayo had exited the Mitsubishi to walking away from the officers, he had been given commands by the police officers not to move, put his hands up in the air, and get on the ground. Mr. Pelayo did not comply with any of the commands, and he never stopped or looked at the officers.
Mr. Pelayo took a few more steps walking northbound, then stopped. He lifted his shirt and began to turn slightly. Mr. Pelayo removed a handgun from his waistband. The officers fired their guns almost simultaneously. Mr. Pelayo fell to the ground.
About five seconds after his last shot and at 9:49 pm, Officer Carranza announced “shots fired” on his police radio.
An unloaded, gunmetal grey Ruger P85 nine-millimeter semiautomatic handgun was recovered from the driveway of the residence the 911 call had originated from and about five feet from where Mr. Pelayo had fallen.
Paramedics treated Mr. Pelayo at the scene before he was transported to Arrowhead Regional Medical Center.
During the investigation, two fired casings were found inside the Mitsubishi. It was later determined the casings were from Mr. Pelayo’s gun. Along with these casings were two bindles of heroin and an unopened 24 ounce can of malt liquor inside the Mitsubishi.
COURT PLEA
On October 9, 2019, Mr. Pelayo pled guilty to violation of California Penal Code Section 69 – Resist/Obstruct An Executive Officer. This section specifies:
Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
CONCLUSION
The San Bernardino County Police Department investigated this shooting. A review of the investigation, reports, evidence, and statements was completed by the San Bernardino County District Attorney’s Office.
Based on the facts presented in the reports and the applicable law, our office concluded Officer Klopping and Officer Carranza’s use of lethal force was a proper exercise of their rights of self-defense and defense of others, and therefore their actions were legally justified.
WHAT THE PUBLIC SHOULD KNOW
By providing a thorough explanation to the community regarding the review of officer-involved shootings, it is the intention of District Attorney Jason Anderson and the San Bernardino County District Attorney’s Office to maintain the community’s confidence and trust in its law enforcement officers and district attorney’s office.
Key Points of This Incident
- Mr. Pelayo had crashed his vehicle into a gate and apartment building
- Mr. Pelayo fled the scene of the crash
- Mr. Pelayo drove his vehicle in an unsafe manner and caused a second collision at a different location
- Mr. Pelayo inhaled a substance intending to alter his mental or physical state
- Mr. Pelayo unlawfully possessed a handgun
- Witnesses called 911 reporting the crash, Mr. Pelayo’s intoxicated behavior, and the fact he had a handgun
- Several people’s lives were in jeopardy, including children
- Mr. Pelayo did not follow the police officers’ lawful commands
- Mr. Pelayo drew his firearm
- The police officers protected the lives of the witnesses, children, and themselves by shooting Mr. Pelayo
- The danger to the community was terminated once the police officers stopped Mr. Pelayo’s actions and he no longer had possession of his handgun
Police officers are trained to respond to situations such as these, and they continually update their training as new situations and techniques are identified.
Additionally, police officers have equipment on their belts, vests, and vehicles, which they use to complete their duties.
Police officers are expected and authorized to use the equipment to protect themselves and others from suffering injuries or death. To some, watching a police officer using physical force against another person can be upsetting or disturbing.
Police officers prefer to use the least amount of force, whether it be their mere presence or verbal commands, to diffuse situations. However, there are situations, such as this incident, in which lethal force is necessary for the community and police officers’ safety.
In rapidly tense situations, officers do not have a great deal of time planning, revising, or analyzing a situation, such as readers of this article. When a situation evolves, officers must make the best decisions possible to protect and save lives in a condensed amount of time.
The community expects that the people they call upon to protect them, which is the police, will not back down, be intimidated, or run scared when danger presents itself.
On March 15, 2018, Mr. Jorge Adan Pelayo decided to operate a motor vehicle unsafely. He drove and crashed his Mitsubishi into the fence, which led to damaging a wall of an apartment complex. Mr. Pelayo jeopardized the lives of anyone who may have been near the scene or in the apartment building when he crashed.
Mr. Pelayo decided to leave the crash scene, and he continued to drive his Mitsubishi in a reckless and unsafe manner. Mr. Pelayo continued to drive his Mitsubishi onto another residential street. He was unable to control the Mitsubishi safely, and he crashed again.
Mr. Pelayo decided to inhale the contents of an aerosol can, to alter his physical and mental state. He then made the decision to arm himself with a handgun before the police arrived on the scene. He chose to keep the handgun visible to the witnesses, who became scared and intimidated.
Unlike the witnesses who were near him, Mr. Pelayo decided to ignore the police officers’ commands when told to put his arms up and lay on the ground.
Mr. Pelayo decided to walk away from the officers, continue to ignore their lawful commands, and jeopardize the safety of everyone around him.
Mr. Pelayo decided to remove his handgun from his waistband, contrary to the repeated commands to place his hands in the air. It was at this moment the police officers fired their weapons to stop any other dangerous conduct by Mr. Pelayo.
There is an extremely high probability this officer-involved-shooting would not have happened had any of the following occurred:
- Mr. Pelayo had operated his vehicle lawfully and safely.
- Mr. Pelayo did not inhale a dangerous substance to alter his state.
- Mr. Pelayo did not possess a handgun.
- Mr. Pelayo abided by the lawful commands of police officers.
The Officer-Involved Shooting Review Team
The district attorney’s office has always reviewed officer-involved shootings in San Bernardino County.
Upon taking office, District Attorney Jason Anderson wanted a dedicated team of trained and experienced deputy district attorneys and investigators to review these shootings and respond to the scene of shootings.
The review unit did not respond to this shooting scene as the new team’s design and development and its protocols were still being developed.
Please visit SBCountyDA.org/ois to learn more about this team.
As the district attorney’s office, we realize the entire community is affected when force is used by a peace officer, regardless of the situation or circumstances. Our responsibility is to ensure that all parties involved in cases such as the one involving Jorge Adan Pelayo acted lawfully.
NEWS COVERAGE
The Sun: Man Shot By San Bernardino Police After He Crashes Into Vehicle, Reportedly Pulls Firearm At Officers
KABC 7: San Bernardino Police Shoot Armed Man Found In Front of Person’s Home, Officials Say
ORIGINAL CASE INFORMATION
DA Case Number: 2018-00-0015204
Court Case Number: FSB18001101
View Superior Court Case Information
View Charging Document
DISTRICT ATTORNEY PUBLIC RELEASE MEMORANDUM
View San Bernardino County District Attorney’s Public Release Memorandum: Jorge Adan Pelayo