BAKERSFIELD, Calif. (KGET) — A ruling from the California Department of Justice on five Bakersfield Police officers stated they were justified when they shot and killed a man after a harrowing gun battle in 2021.

But while the shooting was justified, the Justice Department was critical of the Bakersfield Police Department’s body-worn camera policy.

Che Noe Zuniga Jr, 21, was in a fight with his parents, assaulted his father and left. He shot up his grandmother’s house before police tracked him to a neighborhood off Stine Road.

That’s when Zuniga got out of his pickup and fired at police officers. Six shots hit the officers’ patrol car, and officers fired back, apparently missing.

Zuniga, then hid in a trashcan as officers searched for him. When he popped out, officers said they thought he had something in his hand. They fired a total of 24 rounds, hitting Zuniga 16 times.

This shooting was considered lawful and no charges will be filed against the officers. However, the report from the DOJ suggested policy changes for BPD.

One recommendation is that officers be required to keep their body-worn cameras active at scenes like the shooting.

After Zuniga was killed one, officer told another, “It looks like he was pointing a black sandal at you guys”

At that point, all officers muted the sound on their body-worn cameras. The report recommends BPD change its policy, and the broad language of the body warning camera muting policy.

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The Bakersfield Police Department responded to the AG’s report, when it comes to the three recommendations related to department policy, the BPD pushed back against the state Justice Department, saying its current policies meet those recommendations.

You can read the full report from the Department of Justice below.

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