Officer-involved shooting at Melody Market deemed justified by District Attorney’s Office

SANTA MARIA, Calif. – Santa Barbara County District Attorney's Office released its report on the shooting that involved an off-duty Santa Maria Police Officer in March of 2023 stating that Officer Peña was justified in his use of force under Penal Code section 835(a) and bears no state criminal liability.

The Officer-Involved Shooting (OIS) Public Report states in its conclusion that, "Officer Pena found himself in a literal shootout in the parking lot of Melody Market between multiple subjects. he was forced to intervene to protect himself and the lives of others in the cross-fire."

On Saturday Mar. 25, 2023, just before 8 p.m., off-duty Santa Maria Police Officer Antonio Peña parked in front of the Melody Market convenience store at 130 E. Foster Road in Orcutt states the OIS report.

Officer Peña walked into the market to buy some items for a birthday party at a friend's house, leaving his wife and brother-in-law in his parked truck outside of the market details the OIS report.

According to the OIS report, Peña noticed four men arguing in the parking lot as he exited the store with his purchases and placed his purchases in the driver side seat and watched the arguing men through the passenger-side window.

A grey car partially in the market's parking lot accelerated forward and struck two of the men, and Officer Peña saw a man in a red sweatshirt, later identified as Manuel Reyes Rios, pull out a gun and begin shooting at the two men recently struck by the grey car details the OIS report.

The OIS report explains that as Rios continued to fire at the two men, Rios ran around the front of Officer Peña's truck and towards the driver-side of the truck and Officer Peña feared that Rios intended to carjack or shoot him.

Officer Peña was not in uniform, nor on shift, but was wearing his firearm in an appendix holster at the time and drew his weapon as he heard shots fired from both Rios as well as another person or persons with his family and himself in the cross-fire details the OIS report.

According to the OIS report, Officer Peña pointed his firearm at Rios and shouted, "Santa Maria Police! Put down the gun!".

In response, Rios turned his head, looked at Officer Peña, and then pointed his gun at Officer Peña to which Officer Peña fired three shots at Rios, paused, and, when he saw a muzzle flash from Rios' gun, Peña fired multiple shots until Rios fell to the ground details the OIS report.

Officer Peña estimated that he had fired his gun at least 16 times in total states the OIS report.

According to the OIS report, Officer Peña saw another man running on the east side of the parking lot near the street with a gun in his hand and shouted, "Santa Maria PD! Put the gun down! Drop the gun!", but the continued to run from the scene.

Officer Peña noticed that Chef Rick's was behind the second man and decided not to open fire to avoid accidentally shooting diners at the restaurant stated the OIS report.

By then, the grey car and all other people involved in the altercation, had fled the scene and Officer Peña gathered his wife, his brother-in-law, and two young girls trapped in another vehicle in the market parking lot and had everyone barricade themselves inside of Melody Market before calling 911 to report the incident explains the OIS report.

The OIS report details that detectives with the Santa Barbara County Sheriff's Office conducted the investigation into the incident and collected cell phones and surrounding video surveillance footage from multiple cameras, some of which was provided publicly in April of this year.

Crime scene investigators also recovered ballistic evidence including spent cartridge cases and intact bullets at various locations in the Melody Markey parking lot, outside of the Thai Hut next door, and inside a wall of the Thai Hit restaurant states the OIS report.

According to the OIS report, investigators recovered a Glock-style 9mm pistol next to the body of Rios without a serial number as well as a satchel Rios was wearing containing an additional magazine that matched the handgun with nine live rounds.

Investigators recovered two spent shell casings and a fully intact bullet near the front door of Melody Market that ballistics analysis determined were fired from the handgun recovered near Rios' body detail the OIS report.

The OIS report states that 17 spent cartridge cases were recovered by investigators and confirmed to have been fired from Officer Peña's gun.

A diner inside Thai Hut next door reported hearing gunshots at the time as well as feeling something hit his left shoulder and butt state the OIS report.

According to the OIS report, investigators determined that the bullet entered the restaurant, struck a wall, and then shrapnel from the wall hit the customer and that analysis later determined that the bullet was fired from the unserialized handgun recovered next to Rios.

Investigators also recovered four shell casings on the sidewalk near the Thai Hit that were not fired from the gun recovered near Rios nor Officer Peña's weapon and was consistent with Officer Peña's account of a shootout with unknown suspects that fled the scene detail the OIS report.

The OIS report explains that on Apr. 4, 2023, an autopsy of Jose Manuel Reyes Rios concluded that he suffered 12 gunshot wounds to his torso, butt, right arm, and left leg and that his death was certified as a homicide.

The OIS report concludes that Officer Peña's actions were "reasonable based on the facts known and perceived by him at the time of the shooting," as well as "Officer Peña reasonably believed that Rios posed an imminent threat of serious bodily injury to himself, his wife and brother-in-law inside the truck, and any other people in the vicinity".