An investigation into the killing of an unarmed man who ran from a traffic stop in California’s high desert concluded that no criminal charge is warranted against the sheriff’s deputy who shot him.
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Shane Holland, 35, died on June 21, 2022, in a confrontation near Highway 395 in Adelanto. He had been a passenger in a vehicle that was pulled over because its license plate was not visible in the dark.
State law requires the California Justice Department to investigate any fatal shooting of an unarmed person by a law enforcement officer.
The agency’s report, released April 5, 2024, said Holland refused to show his hands and, though he was not holding a gun, repeatedly threatened to shoot San Bernardino County sheriff’s deputy Justin Lopez. It concluded: “Deputy Lopez could have reasonably believed that Mr. Holland posed an imminent threat of death or serious bodily injury.”
The report, however, did raise concerns about the decisions of the deputy, who was patrolling alone at night, to pull over the vehicle for a minor offense and then to chase Holland in a poorly lighted, rural area.
The encounter began at 2:41 a.m., when Lopez pulled over a Ford Explorer on Highway 395 because he could not see its rear license plate, which lacked reflective paint. Its occupants were Holland and a friend who was giving him a ride to a casino where Holland was to meet his girlfriend.
Holland gave a false name, and, when the deputy went back to his patrol car to call in the information, Holland reportedly told his friend he was “going to run” because there were warrants for his arrest.
He took off across a large dirt lot, heading toward a residential neighborhood, and was pursued by Lopez. Holland ran about 280 yards then stopped and confronted Lopez. The deputy’s audio recorder documented Lopez repeatedly demanding that Holland show his hands, and Holland repeatedly declaring, “I will shoot.” Lopez did not have a body-worn camera.
After the 10th time Holland threatened to shoot, the deputy — who estimated he was 7 to 10 yards away — fired six shots, four of which struck Holland. He was pronounced dead at the scene.
Holland’s mobile phone was found near where he fell; there was no firearm.
The Justice Department report said the circumstances of the encounter supported “a reasonable inference that Deputy Lopez believed Mr. Holland was armed and preparing to fire a weapon.”
It was the seventh report issued under AB 1506, which took effect in July 2021. All reports issued so far have determined that no criminal charges against officers are warranted.
As of April 2024, there were 49 other fatal shootings for which reports have not been issued.