California Department of Justice Releases Report on Officer-Involved Shooting of Austin Heiselman

OAKLAND - California Attorney General Rob Bonta, in accordance with Assembly Bill 1506 (AB 1506), today released a report on the death of Austin Heiselman from an officer-involved shooting in Fullerton, California on February 10, 2023. The incident involved officers from the Fullerton Police Department (FPD). This report is part of the California Department of Justice's (DOJ) continuous efforts to provide transparency and accountability in law enforcement practices. The report presents a thorough analysis of the incident that outlines DOJ's findings. After an extensive investigation, DOJ concluded that the evidence does not support filing criminal charges in this case.

"Incidents like these are always troubling, and we hope this report helps bring comfort and clarity to the community and those personally impacted," said Attorney General Bonta. "My office is continually working to build a safer California and AB 1506 is crucial in that process. We aim to foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement agencies and Californian communities."

On February 10, 2023, FPD received a notification that a car involved in an armed robbery was in the area. FPD observed Mr. Heiselman driving the flagged vehicle and a formal vehicle pursuit ensued. During the chase, Mr. Heiselman flashed an apparent handgun out of his driver's side window. After Mr. Heiselman eventually crashed into another vehicle and fled from his car, an officer ordered Mr. Heiselman to stop and show his hands. Mr. Heiselman responded by putting his hands together and raising them out in front of his chest, in a shooting stance, as if he were pointing a firearm. As a result, FPD officers fatally shot Mr. Heiselman. Two guns recovered from Mr. Heiselman's vehicle were later determined to be a blank-firing replica pistol and a Glock airsoft gun.

Under AB 1506, which legally requires DOJ to investigate all cases of officer-involved shootings that result in the death of an unarmed civilian in California, DOJ conducted a detailed investigation into this incident. The investigation 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 not sufficient evidence to criminally prosecute the officers, and no further action will be taken in this case.

As part of the investigation, DOJ has identified four recommendations related to this incident. The first recommendation is that FPD develop and implement policy and trainings for high-risk felony stops, including guidance on whether, when, and how officers should engage with noncompliant or fleeing suspects. The second recommendation is that FPD amend its vehicle pursuit policy to further leverage air support when feasible. The third recommendation is that FPD provide further training to handlers on its canine policy, including when a canine's bite should be called off and the legal standards for the use of force against unconscious or incapacitated individuals. Finally, the fourth recommendation is that FPD ensure the most recent versions of its manual are posted on their website as required by state law.

Here is a copy of the report.