SAN DIEGO - Former San Diego County Sheriff's Deputy Aaron Richard Russell was sentenced in federal court today to 12 years in prison for fatally shooting a 36-year-old unarmed man who was struck four times from behind as he tried to run away from authorities.

Russell was convicted by a federal jury in March following a two-week trial and less than seven hours of deliberation. The jury found that the defendant violated the civil rights of the victim, Nicholas Bils, by fatally shooting him in the back as he ran away.

At trial, Russell was found guilty of both counts filed against him. For Count 1 - Deprivation of Rights Under Color of Law - he was sentenced to 24 months; For Count 2, he received the mandatory minimum sentence of 120 months for Use and Discharge of a Firearm During and In Relation to a Crime of Violence. The sentenced are to be served consecutively, for a total of 12 years.

"The Constitution protects every person from the unjustified use of deadly force by law enforcement officers," said U.S. Attorney Adam Gordon.

"Today's sentence demonstrates the FBI's sworn duty to investigate any potential civil rights violation," said Special Agent in Charge Mark Remily of the FBI San Diego Field Office. "Working closely with the U.S. Attorney's Office, the FBI will always stand behind our mission of upholding the Constitution and protecting the American people."

Russell, who has been free on bond, was ordered to report to prison by July 13 at noon.

Before pronouncing sentence, U.S. District Judge Todd Robinson said: "Law enforcement is rightfully held to a higher standard because of the power they're imbued with to protect the community…It is difficult to imagine offense conduct more aggravated than intentionally taking the life of another person."

In a statement from the victim's mother that was read by prosecutors at the hearing, Kathleen Bils said the loss of her son was "excruciating." She described him as kind, thoughtful and gentle. "No mother should ever be awakened in the middle of the night to hear her child has been killed by law enforcement for running away. To hear that those trained and sworn to protect us have shot and killed one of us for fleeing is egregious."

The victim's cousin recalled a happy childhood growing up with Bils, and her grief over his killing. "My faith has been shattered. My family has been shattered . . . I just want Nicky to come home, but he won't."

According to evidence presented at trial, on May 1, 2020, the defendant-who at the time was a deputy with the San Diego Sheriff's Department-fired five shots at the unarmed victim as he attempted to flee from custody while California State Parks Police officers were transporting him to the San Diego Central Jail in downtown San Diego. Four of the rounds fired by the defendant hit Bils, including one that struck Bils squarely in the back and fatally pierced his heart and lung. After being shot, Bils staggered to the northwest corner of Front and B Streets, where he collapsed, his body falling half on the sidewalk and half in a planter next to a tree. Other officers and paramedics tried to save his life, but he was pronounced dead shortly after being transported to the hospital.

The shooting was captured on multiple surveillance cameras along Front Street, as well as on body-worn camera footage from officers who responded to the scene shortly afterward. No other officer on scene at the time of the shooting even pulled their firearm when Bils began running away. At trial, multiple officers testified that it was apparent that Bils was not a threat to anyone, that they never for a moment considered shooting Bils, and that it "wasn't even a close call." Other eyewitnesses, including a nurse and a firefighter, testified that they were "shocked" that the defendant shot Bils in the back. Highlighting the extreme danger he unnecessarily created that day, the fifth round fired by the defendant struck a civilian vehicle that was traveling southbound on Front Street at the time.

This case is being prosecuted by Assistant U.S. Attorneys Seth Askins and Michael Songer and Department of Justice Civil Rights Trial Attorney Lia Wright Tesconi.

DEFENDANT Case Number 24-cr-1015

Aaron Richard Russell Age: 29

SUMMARY OF CHARGES

Deprivation of Rights Under Color of Law Using a Dangerous Weapon and Resulting in Death - 18 U.S.C. § 242

Maximum penalty: Life in prison and $500,000 fine

Use and Discharge of a Firearm During and In Relation to a Crime of Violence - 18 U.S.C. § 924(c)

Maximum penalty: Mandatory Minimum 10 years in prison and $500,000 fine

INVESTIGATING AGENCY

Federal Bureau of Investigation