A 24-year-old man killed in a shooting with Covina police in 2022 had pointed a BB gun at officers, according to a recently released state Justice Department investigation into the shooting.
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On April 9, 2022, a 911 caller reported that a man was waving a handgun in the parking lot of a liquor store in the 100 block of East Arrow Highway, the DOJ said in a release on Wednesday. Daniel Valdivia was ordered by arriving officers to put his hands in the air and to get down onto the ground.
Valdivia assumed a partially prone position on the ground. He then reached for his waistband and pulled out what appeared to be a handgun and pointed it at officers, according to the report.
Three officers fired a combined 12 shots at Valdivia, who was taken to a hospital and pronounced dead. The weapon was determined to be a BB gun by investigators.
The Department of Justice, which is required to investigate officer-involved shootings resulting in the death of an unarmed civilian under AB 1506, found the officers acted with intent to defend themselves and others and determined that criminal charges will not be pursued against the officers.
