DA finds fatal SPPD shooting of man
who shot Reserve was justified
January 01, 2016
By Peggy Kelly
Santa Paula News
The District Attorney’s Office released its report Wednesday concluding that a Santa Paula Police Officer was justified in fatally shooting a 25-year-old man, an incident that followed a second officer being struck by gunfire when police responded to a 2012 domestic violence call.
The 57-page report released December 30 states SPPD Officer Hector Ramirez “acted reasonably” and lawfully on July 28, 2012 when he fatally shot Edgar Garcia at the New Street home Garcia, a known gang member, shared with other family members.
Earlier that day Garcia’s stepfather had gone to the Santa Paula Police Station to report that Garcia was brandishing a gun and acting in a threatening manner. The stepfather told police he did not want to file a complaint but wanted to evict Garcia. After he was advised to start the eviction process the man left.
During the shift change briefing hours later the report was brought up to officers, many familiar with Garcia who had a criminal record stretching back to when he was a juvenile and was due in court in August on new criminal charges.
“He had convictions for thefts, drugs and weapons,” noted the DA’s report.
On July 28, 2012 at 7:40 p.m., hours after Garcia’s stepfather had gone to the SPPD Station, police were called to Garcia’s residence in the 1100 block of New Street after a report that Garcia had assaulted his stepfather and was armed with a handgun.
When police responded, Garcia’s stepfather, who had been beaten by Garcia, stepped into the garage from the kitchen. Garcia, who was behind his stepfather, fired his handgun striking Reserve Officer Chad Peplinski.
The bullet struck Peplinski’s belt buckle saving him from a serious or fatal injury.
It was when Garcia ran into the backyard of his home that Ramirez — who was entering the property by climbing over a block wall — encountered him. Garcia attempted to fire on Ramirez and although Ramirez warned him several times to put his gun down Garcia refused and raised his gun again at Ramirez who fired on Garcia, killing him.
The investigation showed that Garcia’s .22-caliber handgun — found next to his body — had a malfunction that caused it to jam intermittedly; later authorities also found a semi-automatic assault rifle in Garcia’s vehicle.
The DA report notes that several officers that either activated their recording devices when they arrived on scene or had not turned off their recorder activated during a previous call recorded the entire incident on audiotape.
Garcia’s family filed a $15 million lawsuit against the officers, SPPD, city and department officials, claiming they “negligently and recklessly” caused his death. According to the lawsuit, Garcia was unarmed at the time.
“For me,” said SPPD Commander Ish Cordero, who at the time of the shooting was the Interim SPPD Chief, “it was a tragic situation anyway you look at it…as a result I lost one of my staff members,” Ramirez who according to procedure was placed on paid leave following the shooting.
“It could have been more severe for the officer that was shot,” said Cordero who noted, “You have to remember in these instances what police have to encounter…and we are trained not to retreat but encounter the danger.
“In this situation our officers did what they are trained to do for the scope of their duties and the law and the result was not a good one.”
Such are choices made by others said Cordero: “We don’t dictate that, the person we encounter is the one that dictates circumstances like this.”
Officers, added Cordero, “put their life in danger; at any given time you don’t know what’s going to happen. At the end of the day as with every police officer I want to go home to my family, that’s the bottom line.”
“It didn’t surprise me,” said Police Chief Steve McLean. “I wasn’t here when the incident occurred but from what I was told, briefed on by staff and read, it was justified. And of course the very detailed and complete independent investigation by the experts had to take its course…it isn’t official until it’s official and I know the result — that he had no other choice — is peace of mind for Officer Ramirez.”
Such incidents take a toll on the police department and the community: “Anytime anyone loses their life it’s a tragedy but we have an obligation to protect ourselves and the public…we’re just glad to get this incident behind us.”
Ramirez, Peplinski and the other officers that responded to the call that evening were honored in recent months by the Police Officers Association of Ventura County and given Medals of Valor for their actions.
