The San Bernardino County District Attorney’s Office has completed its review of the officer-involved shooting which occurred on June 13, 2020. This incident occurred in the city of San Bernardino and involved the San Bernardino Police Department. The shooting was investigated by the San Bernardino Police Department.
SYNOPSIS
On June 13, 2020, at approximately 8:26 pm, the San Bernardino Police Department received a 911 call from a female reporting a man with a gun at the Exxon Gas Station in the 2000 block of North Del Rosa Avenue in the city of San Bernardino. In the background, the police dispatcher could hear a male’s voice saying they were unsure if the gun the male was holding was real.
Police Officers Joshua Fergot and Kevin Ramirez were dispatched to the call. The officers were told the man with the gun was a white or Hispanic male, in his 20’s, and wearing a burgundy sweater and dark blue pants.
As Officers Fergot and Ramirez arrived on the scene at 8:29 pm, the 911 caller told the dispatcher the male was digging in a trash can at the gas station and that he still had the gun in his hand. This information was provided to Officers Fergot and Ramirez. The 911 caller told the dispatcher the officers had arrived, and they “had the right person.”
Officers Fergot and Ramirez entered the gas station’s parking lot. They saw a male wearing a burgundy sweater and dark pants digging in a trash can. The male was later identified as Anthony Armenta.
Officer Fergot stopped his patrol car approximately 42 feet from Mr. Armenta. He exited and stood next to his patrol car, behind the open driver’s door. Officer Fergot told Mr. Armenta to show him his hands. In response to this command, Mr. Armenta turned to face Officer Fergot. Mr. Armenta was holding what appeared to be a small black semiautomatic handgun in his left hand.
Officer Ramirez exited his patrol car. As Officer Ramirez approached Mr. Armenta, he saw what he believed to be a small black semiautomatic handgun in Mr. Armenta’s left hand as well. Officer Ramirez stopped and stood approximately 30 feet from Mr. Armenta. When Officer Fergot and Officer Ramirez saw the gun in Mr. Armenta’s left hand, they immediately began giving him orders to “drop the gun.”
The officers pointed their firearms at Mr. Armenta while repeatedly giving him commands to drop the gun.
For about 1 1/2 minutes, Officer Fergot gave 14 separate commands to Mr. Armenta, and Officer Ramirez gave 13 separate commands to Mr. Armenta to drop the gun. Mr. Armenta refused to drop the gun.
Mr. Armenta replied, “I can’t do that.” Mr. Armenta told the officers, “I’m the police.” Armenta took a “shooting stance,” in which he gripped his gun with both hands, extended his arms in front of his body, and pointed the gun at Officer Fergot. Officer Fergot and Officer Ramirez fired their handguns at Armenta. Armenta was struck and fell to the ground. When Armenta fell to the ground, he dropped the gun.
Armenta reached for the gun. Officers Fergot and Ramirez told him several times not to reach for the gun. Armenta moved his body closer to the gun, laid his upper body over the top of the gun, and tucked his arms beneath his body.
Officers Fergot and Ramirez did not move from their positions while they waited for other police officers to arrive at the scene to assist them in approaching Mr. Armenta.
Once Officer Koch and Officer Martin arrived on the scene, they joined Officer Fergot and Officer Ramirez in approaching Mr. Armenta.
Mr. Armenta was handcuffed. At 8:46 pm, he was treated at the scene and transported to Loma Linda University Medical Center. At 9:44 pm, Mr. Armenta succumbed to his injuries and was pronounced deceased.
The gun Armenta had in his possession was found to be a replica firearm.
CONCLUSION
The San Bernardino Police Department investigated this shooting. A review of the investigation, reports, evidence, and statements was completed by the San Bernardino County District Attorney’s Office.
Based on the facts presented in the reports and the applicable law, our office concluded Officer Fergot’s and Ramirez’s use of lethal force was a proper exercise of their rights of self-defense and defense of others, and therefore their actions were legally justified.
WHAT THE PUBLIC SHOULD KNOW
By providing a thorough explanation to the community regarding the review of officer-involved shootings, it is the intention of District Attorney Jason Anderson and the San Bernardino County District Attorney’s Office to maintain the community’s confidence and trust in its law enforcement officers and district attorney’s office.
Key Points of This Incident
- Mr. Armenta possessed a replica firearm.
- Mr. Armenta refused to cooperate with the police officer’s lawful commands to drop the replica firearm.
- Mr. Armenta falsely identified himself as a police officer.
- Mr. Armenta pointed the replica firearm at a police officer in a manner leading the officer to believe it was an actual firearm and his life was in danger.
- The officers protected themselves and potential victims by shooting Mr. Armenta to stop his aggressive and dangerous behavior.
Police officers train for dangerous situations such as this one and continually update their training as new situations and techniques are identified.
Additionally, police officers have equipment on their belts, vests, and vehicles, which they use to complete their duties.
Police officers are expected and authorized to use the equipment to protect themselves and others from suffering injuries or death. To some, watching a police officer using physical force against another person can be upsetting or disturbing.
Police officers prefer to use the least amount of force, whether it be their mere presence or verbal commands, to diffuse situations. However, there are situations, such as this incident, in which lethal force is necessary for the community and officer’s safety.
In rapidly tense situations, officers do not have a great deal of time planning, revising, or analyzing a situation, such as readers of this article. When a situation evolves, officers must make the best decisions possible to protect and save lives in a condensed amount of time.
The mere fact that the weapon Mr. Armenta used in this case was a replica firearm does not relieve the police officers from their ability to protect themselves or community members.
The officers are trained and expected to treat all firearms they encounter in the performance of their duties as real firearms capable of inflicting severe injury or death until they have determined otherwise.
It was Mr. Armenta’s responsibility not to draw, exhibit, use, or possess a replica firearm to intimidate or threaten police officers or other members of the community. By doing so, he irresponsibly placed himself, the community, and the police officers in a dangerous situation.
The community expects that the people they call upon to protect them, which is law enforcement, will not back down, be intimidated, or run scared when danger presents itself.
On June 13, 2020, Mr. Armenta made the decision to possess a replica firearm while in public. When confronted by the police, Mr. Armenta decided not to comply with their lawful commands to drop the weapon.
Mr. Armenta decided to face the officers and claimed he could not drop his weapon because he was “the police.” Mr. Armenta chose to raise and point his gun at a police officer while standing in a “shooting stance.”
The police officers were only able to stop Mr. Armenta’s dangerous behavior by shooting him with their firearms. Once stopped, the community’s safety was no longer in jeopardy.
There is an extremely high probability this officer-involved-shooting would not have happened had the following occurred:
- Mr. Armenta did not possess a replica firearm.
- Mr. Armenta did not point the replica firearm at a police officer in a rude, angry, or threatening manner.
- Mr. Armenta had followed the lawful orders of the police officers by dropping his gun.
THE OFFICER-INVOLVED SHOOTING REVIEW UNIT
The district attorney’s office has always reviewed officer-involved shootings in San Bernardino County.
Upon taking office, District Attorney Jason Anderson wanted a dedicated team of trained and experienced deputy district attorneys and investigators to review these shootings and respond to the scene of shootings, which they did in this case.
Please visit SBCountyDA.org/ois to learn more about this team.
As the district attorney’s office, we realize the entire community is affected when force is used by the police, regardless of the situation or circumstances. Our responsibility is to ensure that all parties involved in cases such as the one involving Mr. Armenta acted lawfully.
NEWS MEDIA COVERAGE
KTLA 5 – Man Carrying What Appeared To Be A Gun Shot By Police in San Bernardino
SB Sun – San Bernardino Police Shooting Leaves Suspect Dead
DISTRICT ATTORNEY’S PUBLIC RELEASE MEMORANDUM
View San Bernardino County District Attorney’s Office Public Release Memorandum: Anthony Armenta