California Department of Justice Releases Report on Officer-Involved Shooting of Elmer Osiel Lopez Castaneda

OAKLAND - California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on the death of Elmer Osiel Lopez Castaneda following an officer-involved shooting in Newark, California on April 13, 2023. The incident involved officers from the Fremont Police Department (FPD) and Newark Police Department (NPD). 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 the facts and evidence do not support criminal charges in this case.

"Loss of life is always a tragedy. AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing toward a safer California for all," saidAttorney General Bonta. "Together, we aim to foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities."

On April 13, 2023, FPD and NPD, as part of the Southern Alameda County Major Crimes Task Force, tracked a stolen vehicle and observed Mr. Castaneda and another man enter the vehicle. Detectives approached the vehicle and issued commands for the two suspects to put their hands up and surrender. After exiting the vehicle with his hands up, Mr. Castaneda reached for an apparent firearm that was located in his waistband. As a result, detectives fatally shot Mr. Castaneda. The gun was recovered near Mr. Castaneda's body and was later determined to be an airsoft pistol.

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 there is insufficient evidence to prove, beyond a reasonable doubt, that the officers involved acted without the intent to defend themselves and others from what they reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officers and no further action will be taken in this case.

As part of its investigation, DOJ has identified four policy recommendations related to this incident. The first is that FPD and NPD provide additional training on tactics when engaged in high-risk stops, including operational planning, assignment of roles, and communication. The second recommendation is that FPD and NPD provide additional training on communicating clearly with subjects during arrests, particularly with potentially armed suspects. The third recommendation is that FPD provide training that adequately guides officers on the continued use of force, in particular the use of projectile weapons, on persons who are injured or incapacitated. The fourth recommendation is that FPD amend its body-worn camera policy to require activation prior to the beginning of a law enforcement operation and provide training consistent with the policy.

Here is a copy of the report.