Use of deadly force ruled justified in November 2020 shooting of Oxnard man
VENTURA, Calif. – A year-long investigation into a deadly police shooting that killed an Oxnard man in November 2020 has been completed.
The review, which was conducted by the Ventura County District Attorney's Office, ruled that an officer acted reasonably and was justified in using deadly force in the shooting of Javier Magaña, 32, of Oxnard.
Magaña was shot and killed by Ventura police officer Joaquin Ortega on November 5, 2020.
Magaña, who investigators said was a documented member of a criminal street gang, led police on a high-speed chase through Ventura and Oxnard after officers attempted to stop his vehicle as part of an ongoing investigation by Oxnard police.
Oxnard police informed Ventura police officers that Magaña was a suspect in a previous shooting and was considered armed and dangerous during the chase.
Officer Ortega took over the pursuit as Magaña made his way to Ventura.
The suspect led police on a chase reaching speeds of up to 80 mph and was involved in one collision with another motorist and had multiple close calls with other vehicles.
That's when law enforcement deployed spike strips to stop his vehicle. He lost control of his vehicle on Harbor Boulevard and got out and ran on foot.
The officer had a police dog with him at the time and could be heard on camera calling for the dog prior to chasing after the suspect. For reasons that remained unclear, the dog did not respond to officer Ortega's command.
Ortega gave chase and that's when a gunshot rang out. According to the Ventura County DA's office report, Magaña's weapon fired within four seconds after Ortega got out of his vehicle.
"Officer Ortega believed that Magaña had fired at him. Magaña tripped, stumbled, and turned toward Officer Ortega. Magaña aimed his handgun at Officer Ortega from a seated position," the report states.
The report says Magaña rose to a knee and pointed his handgun at Ortega at a distance of about 25 feet. That's when the officer fired three shots at Magaña. Magaña stood, and continued to flee on foot. Ortega fired two more shots which led to the suspect stumbling and dropping his gun. The reports states he picked the gun back up, but was fired on two more times by Ortega.
Magaña was hit three times during the altercation. He rolled onto his back and was disarmed. Officers rendered aid until paramedics arrived on scene, but he was declared dead at the scene of the shooting.
Investigators spoke with several officers, experts and witnesses of the shooting. Additionally, the entire shooting was captured on Ortega's body camera.
During the investigation, Magaña's fiance was interviewed. She told investigators that Magaña had repeatedly said he was not willing to go back to prison and said he would rather be "taken out" by police rather than go back to prison. During the police pursuit, Magaña called his fiance and told her he loved her and that he wanted to her to move on with her life. He also told her he "knew what he was going to do" regarding the police pursuit.
An autopsy was performed which indicated Magaña had been shot three times, with the fatal injury coming from a gunshot wound to the chest. Toxicology reports also indicated he had methamphetamine in his system.
Physical evidence was also collected at the scene which showed a spent casing came from Magaña's firearm was stuck in the chamber, confirming that the weapon had been fired.
Following the months-long investigation, Ortega's use of deadly force was ruled justified.
The report reasons that Magaña had committed multiple serious and violent felonies in front of law enforcement and was armed with a weapon and officer Ortega "honestly and reasonably" believed he and others were put in immediate danger by Magaña.
"Throughout this incident, Magaña was attempting to fire his handgun at Officer Ortega, fleeing while armed, or attempting to rearm himself. Each time Officer Ortega fired his weapon, he was justified in firing his weapon to protect himself, his fellow officers, and the civilians in the area," the report states.
To read the complete report, click here.
