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District Attorney’s Office concludes 2022 Santa Maria officer-involved shooting justified

Santa Maria Police Department

SANTA BARBARA COUNTY, Calif. – The Santa Barbara County District Attorney's Office has concluded that the non-fatal officer-involved shooting of Francisco Gomez Solano on Dec. 15, 2022, was a justified use of force and the officer bears no state criminal liability.

The District Attorney's Office completed and published its review of the Santa Barbara County Sheriff's Office investigation of the officer-involved shooting in Santa Maria explain the Santa Barbara County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, Francisco Gomez Solano pled guilty to violating Penal Code section 215(a)-Carjacking and the court found the special allegation that he used a weapon during the crime and Solano was sentenced to five years in state prison on Apr. 12, 2023.

In January of 2023, the Santa Maria Police Department posted a Critical Incident Community Briefing video to its social media accounts.

On Thursday, Dec. 15 of 2022, around 5:30 p.m. in the 200 block of McElhaney Avenue in Santa Maria, Solano pointed what is now known to have been a pellet gun at a woman leaving her car and demanded her keys multiple times state the Santa Barbara County District Attorney's Office.

The Santa Barbara County District Attorney's Office provided a picture of the pellet gun which is shown below.

The 19-year-old woman, who reported she feared being shot at the time, gave Solano the keys to her Nissan Altima while activating the SOS feature on her iPhone which provided an open line during the carjacking detail the Santa Barbara County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, a male voice is heard on the recorded emergency call saying, "Gimme, gimme, gimme" corroborating the teen's statement to law enforcement that Solano repeatedly demanded her keys.

Solano drove away from the scene in the Altima and the 19-year-old woman ran to a nearby residence to ask for help and call 9-1-1 state Santa Barbara County District Attorney's Office.

Santa Maria Police Department (SMPD) was informed by dispatch of the carjacking and an SMPD officer spotted the Altima near the intersection of Main Street and College Avenue and began pursuing the vehicle detail the Santa Barbara County District Attorney's Office.

Solano drove erratically and at high speed, running red lights, before eventually loosing control and crashing into a vehicle in the parking lot of the 7-Eleven on S. Railroad Avenue explain the Santa Barbara County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, two responding SMPD officers surrounded the Altima which had a driver's side door too damaged to be opened and watched as Solano rolled down the driver's side window while holding the pellet gun to his own head with his left hand.

Both officers reported they did not see any identifying marks to signal it was a pellet gun state the Santa Barbara County District Attorney's Office.

Officers gave him commands to drop the gun, but Solano shook his head back and forth before climbing out of the driver's side window while still holding the gun to his own head detail the Santa Barbara County District Attorney's Office.

SMPD Officer Mason Jackson retrieved his AR-15 rifle from his patrol vehicle and used the magnified sighting to train his rifle on Solano while standing behind the first responding vehicle explain the Santa Barbra County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, Solano moved the gun towards officers while transitioning it into his mouth to which SMPD Officer Jackson fired a single round in response believing Solano may fire at officers.

The single round struck Solano in the right lower jaw area causing Solano to grab his face where he was shot with his free hand state the Santa Barbara County District Attorney's Office.

Officers continued to demand Solano drop the weapon to which he responded by running southbound on Railroad Avenue and eventually into a mechanic's shop at 537 Railroad Avenue where the responding officers lost sight of him explain the Santa Barbara County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, officers were stationed outside of the business while awaiting backup when a man, later identified as the owner, ran out of the building stating to officers there was a man with a gun inside of the shop.

Officers entered the business and watched Solano run into the shop's bathroom before he eventually surrendered to officers who began performing first aid on him detail the Santa Barbara County District Attorney's Office.

Solano was eventually airlifted to Cottage Hospital for further medical treatment state Santa Barbara County District Attorney's Office.

During an investigation of the incident, the business owner told detectives that he was working when Solano entered the business, grabbed him from behind, and pointed what he believed to be a gun to his neck explain the Santa Barbara County District Attorney's Office.

The shop owner freed himself from Solano's grip and ran out the front of the business where he spoke with officers outside relay Santa Barbara County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, Solano provided a statement to detectives on Dec. 16, 2022, while receiving treatment for his gunshot wound at Cottage Hospital in Santa Barbara.

Solano told detectives he had moved from Mexico to the Santa Maria area three months prior to the incident and had been using alcohol and methamphetamine including on the day of the incident when he and an unidentified friend had been smoking methamphetamine and drinking tequila when they decided to rob a store detail the Santa Barbara County District Attorney's Office.

The two men entered a store and stole some clothes before being chased away by an employee and Solano had lost track of his friend's location when he saw a woman unloading her car a few blocks away explain the Santa Barbara County District Attorney's Office.

According to the Santa Barbara County District Attorney's Office, Solano stated he had a pistol he knew to be a fake gun that he used to frighten the woman into giving him her keys.

Solano stated to detectives he saw multiple pursuing police cars and eventually exited the crashed Altima because he could no longer operate the vehicle state the Santa Barbara County District Attorney's Office.

Solano further stated to detectives he heard officers yelling at him, but did not understand their commands before moving the gun to his mouth because he wanted to kill himself rather than go to jail explain the Santa Barbara County District Attorney's Office.

The statement below was part of the press release from the Santa Babara County District Attorney's Office concerning their conclusions about the officer-involved shooting.

In reviewing the evidence and considering all of the circumstances, the actions taken by Officer
Jackson were reasonable based on the facts known and perceived by him at the time of the
shooting. Officer Jackson reasonably believed that Solano posed an imminent threat of serious
bodily injury or death to himself, Officer Peinado, and other people in the vicinity of this
location. Officer Jackson’s ability to perceive Solano’s movements with the firearm was
enhanced by the magnified sight on his rifle. He was forced to respond to the threat when
Solano pointed his firearm in the direction of the officers. Any reasonable law enforcement
officer in the same situation as Officer Jackson would perceive Solano’s actions as an immediate
lethal threat to themselves and others in the immediate vicinity. Therefore, Officer Jackson’s use
of lethal force was justified and he bears no state criminal liability for his actions.

Santa Barbara County District Attorney's Office
Article Topic Follows: Santa Maria - Lompoc - North County
KEYT
officer involved shooting
Santa Barbara County District Attorney's Office
SANTA MARIA
santa maria police department

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Andrew Gillies

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