Three sheriff’s deputies were legally justified in fatally shooting an agitated Alpine man who produced a large butcher knife and lunged at them, the District Attorney concluded regarding a November 2018 shooting.
District Attorney Summer Stephan has written an 8-page letter to Sheriff Bill Gore, saying she had reviewed body worn camera footage and all reports involving the shooting of Daniel Ayala, 31, on Nov. 12, 2018.
Numerous deputies from the Alpine station responded to 911 calls at 2:58 p.m. about a man at 2660 Alpine Boulevard who was screaming from an apartment, saying he wanted to kill people. Deputies knocked on the door, saying “sheriff’s department,” and Ayala plunged a large butcher knife through the closed metal screen door.
Stephan wrote deputies backed away from the door, but Ayala went outside, displaying the knife in his hand, yelling, and advancing to deputies. Ayala was shot 10 times, and deputies began first aid once the knife was pushed away. Paramedics responded and Ayala died from multiple gunshot wounds.
Stephan wrote “the law enforcement personnel involved in this incident acted reasonably under the circumstances and bear no state criminal liability for their actions.”
“They were in a confined space when Ayala advanced on them quickly with a knife in his hand. Ayala had been heard shouting previously that he wanted to kill,” wrote Stephan. “The deputies had no other option available to them as they knew Ayala could stab them immediately and seriously injure or kill them.”
Ayala was under the influence of alcohol at a bloodlevel of .13 and he had also been using methamphetamine, according to the medical examiner’s office. Some traces of heroin and marijuana were also found in his system.
Stephan discussed Ayala and numerous other officer involved shootings in press conferences in June and August.
