OXNARD POLICE DEPARTMENT

NEWS RELEASE

INCIDENT:	Release of Independent Audit from OIR Group Regarding the 2012 Officer-Involved Shootings of Alfonso Limon, Jr, Jose Zepeda, and Justin Villa (OIR report available at: OIR Independent Audit of the 2012 Garfield Avenue Officer-Involved Shooting)
DATE/TIME:	October 13, 2012 / 10:12 pm
LOCATION:	100 Block of North Garfield Avenue, Oxnard
PREPARED BY:	Scott Whitney, Chief of Police
CONTACT PERSON AND  CONTACT INFO:	Greg Hebert, Commander Greg.Hebert@OxnardPD.org 805-200-5680

Details:

On October 13, 2012, Oxnard police officers attempted a traffic stop that led to a short vehicle pursuit. The vehicle was being driven by Rafael Hernandez, and was occupied by Justin Villa, and Jose Zepeda, Jr.  During the pursuit, Hernandez stopped the vehicle, but the suspects remained in their car and refused the officers’ attempts to safely resolve the incident. The suspects’ behavior, along with specific information received by officers, led them to believe that the suspects were armed and dangerous.

Additional officers arrived on scene and worked on several contingencies, as it was not clear what the suspects were going to do next. Eleven minutes into the stand-off, the driver sped away, leading officers on another short pursuit.  After driving a few blocks, Hernandez suddenly stopped the car, and both Zepeda and Villa quickly jumped out of the car’s right passenger side and fled northbound on Garfield Avenue’s east sidewalk.

While running, Zepeda turned and fired a handgun at the pursuing officers. Officers returned fire. Zepeda fired a second time at officers as he continued running northbound on Garfield. Villa separated from Zepeda by heading eastbound.  Hernandez remained in his vehicle as officers contacted him.

Having three suspects in three separate locations during a one and a half-minute exchange of gunfire at night added to the disorder and chaos.

At the same moment that this incident unfolded, Alfonso Limon, Jr. and his brother were walking southbound along Garfield Avenue’s east sidewalk. Zepeda ran past Limon, turned into a parking lot, and then took up a position of cover behind a parked car. This was captured by security cameras that faced the parking lot.  Zepeda again fired on officers from his position of cover. Horrifically, Limon was caught in the crossfire between Zepeda and the police officers. Several officers mistakenly believed that Limon was the suspect. Tragically, Limon was shot and killed by officers.

Even after being struck by police gunfire, Zepeda continued to manipulate his weapon in an attempt to shoot at the officers. After shooting all of the bullets in his gun, Zepeda stood up and simulated the pointing of a gun at the officers. Zepeda was killed by police officers.

As the above events were unfolding, Hernandez was removed from his vehicle and arrested by officers. A loaded handgun was found within arm’s reach. Approximately 50 minutes after the first attempted traffic stop, Villa was found hiding in a shed and was arrested. Villa had sustained a gunshot wound to his knee.

The night of the incident, then-Chief of Police Jeri Williams requested that the Ventura County Sheriff’s Office conduct the officer-involved shooting investigation. Consistent with countywide protocol, the Ventura County District Attorney’s Office also responded to the scene of the incident and consulted with the investigating officers.

During the days following the incident, the Police Department initiated contact with the Federal Bureau of Investigation as well as the California Attorney General, and both determined that their involvement was not warranted. The Police Department also contacted the United States Attorney’s Office, and they also chose to take no action. The Police Department also requested the assistance of the United States Department of Justice’s Community Relations Service in facilitating community dialogue.

By November of 2012, Chief Williams sought the services of an independent entity to provide a comprehensive review of the Police Department’s handling of the incident. The Los Angeles-based Office of Independent Review (OIR), led by Mike Gennaco, was retained by the City of Oxnard to perform this task.

The Sheriff’s Department submitted its investigation to the District Attorney in May of 2013. The District Attorney reviewed the investigation, asked for additional follow up work and retained the services of an independent “use of force” expert. In July of 2014, the Ventura County District Attorney’s Office issued its report on the officer-involved shooting. The opinion of the District Attorney was that the officers’ actions were legally justified; that the officers acted in defense of themselves, other officers and our residents.

In June of 2014, the City of Oxnard reached a settlement agreement with the family of Alfonso Limon Jr., who had filed a civil federal lawsuit.

The Police Department’s comprehensive review was completed in May of 2015. In regards to the use of deadly force by the officers, the officers’ actions were determined to be ‘In Policy.’ The Police Department also developed an action plan to address performance issues and internal protocols that were identified in the investigations.

The magnitude and nature of this tragic incident was unprecedented in Oxnard Police Department’s history. The Department is a learning organization and the completion of this independent review is welcomed. We have learned, and will continue to learn from this incident. Much of the information presented in the audit had previously been identified and addressed by the Police Department. Many good, additional recommendations were presented in its findings. There were also some recommendations and critiques from the review on which we did not agree. We do commit, however, to a thoughtful examination of all recommendations.

We plan to make a public presentation of the report’s findings at a future Community Relations Commission meeting.

Statement from Oxnard Police Chief Scott Whitney:

“Our officers were doing the best they could in extremely difficult and dangerous circumstances. We had some of our most highly trained officers and best supervisors at that scene. The officers put themselves in harm’s way to protect their fellow officers as well as our residents.

The three suspects, Zepeda, Villa and Hernandez, were responsible for this tragedy. They were driving through one of our neighborhoods, armed with handguns, and looking for trouble. They had many opportunities to safely cooperate with the officers. Zepeda initiated the gunfight and fired on our officers multiple times. His continued aggressions created the situation in which Mr. Limon was caught in the crossfire.

Although there were displays of great valor by the involved officers, the incident ended in tragedy. We will always have the highest sympathies for the family of Alfonso Limon, Jr., who was truly an innocent victim.  

It is important to recognize that no written report can truly capture the chaos of that event nor the stress and pressure put on those officers. The officers faced multiple suspects and immediate life threats.  Their actions required split-second decisions without the benefit of hindsight. Our officers performed their duties with bravery and heroism with the best intentions to protect our community.”

Date / Time Prepared:       February 27, 2017 / 1:00 pm

OIR Independent Audit of the 2012 Garfield Avenue Officer-Involved Shooting