Nine Local Law Enforcement Officers Cleared in Seven Shootings in 2023

Nine local law enforcement officers have been cleared of criminal liability in seven separate police shootings, according to reviews released Friday by the San Diego County District Attorney’s Office.

The incidents date from May of 2023 through September of 2023, and happened in San Diego, Vista, Oceanside, and Carlsbad.

Of the seven police shootings, four were fatal, though one of the suspects who wasn’t fatally shot by police later died of a self-inflicted gunshot wound.

The shootings reviewed by prosecutors include:

• The May 7, 2023, non-fatal shooting of Gene Domine, 77, in Vista.

The shooting happened at the Iglesia Ni Cristo church, where it was reported that Domine was pointing a gun to his head.

Sheriff’s deputies, including Deputy Justin Williams, encountered Domine exiting the church.

Deputies told Domine to drop the gun, but Domine told Williams to shoot him, according to the District Attorney’s Office review.

Domine continued walking towards the deputies with the barrel of the firearm pointing downward. Williams ultimately opened fire, striking Domine in the leg. Domine was hospitalized and later released without charges.

The D.A.’s review states Williams “believed Domine could easily manipulate the firearm to shoot at them” and fired “with this reasonable fear in mind.”

• The June 23, 2023, shooting of Dorian Larkin, 28, in Oceanside.

Officers first responded on the night of June 22 to a report of gunshots at an Oceanside apartment.

The 911 caller said his mother had been shot by her boyfriend, Larkin. The victim, 34-year-old Kimberly Foster, was shot multiple times and died of her injuries.

Larkin’s description was broadcast to multiple law enforcement agencies and his vehicle was spotted in Temecula, about two hours after the shooting.

Riverside County Sheriff’s Deputy Richard Schweitzer tried to stop Larkin’s car, but he sped away and a pursuit ensued, according to the D.A’s review.

The high-speed chase carried over county lines into Oceanside, where Oceanside police Officer Malcolm Cisneros joined the pursuit.

Larkin pulled into a shopping center parking lot, got out of his car and fired six gunshots at the officers, the D.A.’s review states. Both lawmen returned fire and Larkin ran.

He was eventually found at the intersection of Gold and Sol drives, dead from a gunshot wound to the head. An autopsy revealed he also had gunshot wounds to his right hip and left thigh.

The D.A.’s review states that after Larkin fired on the officers, they did not “have the time of opportunity to use other resources and techniques” and “the imminent harm Larkin presented had to be instantly confronted and addressed.”

• The Aug. 2, 2023, fatal shooting of Benjamin Pickens in Clairemont Mesa.

San Diego police were called just before 1:30 a.m. that day for reports that a man fired multiple gunshots at a group of people in a vehicle.

The shooter drove off and officers later located the suspected gunman, Pickens, at an apartment complex, the D.A.’s review states.

Upon trying to detain Pickens, he drove off, crashed his car, then ran, according to the D.A.’s review. Officers later found him at Mesa College.

The D.A.’s review says officers tried to use “less than lethal munitions” to prevent Pickens from getting on-campus, but they ” were unsuccessful due to a system malfunction.”

A police dog named Sir was later deployed and as the dog approached, Pickens pointed his gun at the officers and canine, the D.A.’s review states.

San Diego Police Officer Addam Ansari then opened fire, striking Pickens, who fell and fatally shot the canine in the process, according to the D.A.’s review, which argued Ansari “feared for his life and the lives of other officers.”

• The Aug. 11, 2023, non-fatal shooting of Justin Teague in University City.

Police said officers were investigating a report that day that two men were breaking into vehicles about 3 a.m. in an underground parking structure at a Lebon Drive apartment complex.

Officers searched the area, finding Teague and a second suspect inside a stolen Ford F-150, according to sheriff’s Lt. Joseph Jarjura. Teague and the other man ran off in different directions.

While officers gave chase, Teague turned and fired four times. San Diego police Officer Joseph Lee then returned fire, striking Teague four times.

The D.A.’s review states “Teague initiated sudden and lethal force against the officers when he fired multiple rounds at them while fleeing from them” and Lee “reasonably feared for his life.”

Teague pleaded guilty to three counts of attempted murder of a peace officer and was sentenced last month to 34 years to life in state prison.

• The Aug. 15, 2023, fatal shooting of Xavier LaCosta, 31, in the College Area.

LaCosta was the passenger in the vehicle driven by Benjamin Pickens during the Aug. 2 shooting at another car, according to the D.A.’s review.

San Diego police eventually tracked LaCosta down to an El Cajon Boulevard apartment.

After officers announced they were at the apartment with a warrant and commanded LaCosta to exit with nothing in his hands, he opened the door with a gun in his hand, the D.A.’s review states.

One of the officers present, San Diego Police Officer Gregory Simon, told LaCosta to put the gun down. LaCosta initially placed the gun on the floor, but later “made a rapid squatting movement toward the floor while reaching toward the gun,” the D.A.’s review states.

When LaCosta’s hand touched the gun, Simon shot seven times, killing LaCosta.

The D.A.’s reviews argues Simon “reasonably believed” LaCosta could kill or injure him and other officers when he “lunged for the gun on the floor in front of him.”

• The Aug. 29, fatal shooting of Jesse Nelson, 43, in the Encanto neighborhood.

Police initially responded to an Iona Drive home, where Nelson’s mother and a dog were found with gunshot wounds that ultimately proved fatal.

One of the responding officers, San Diego Police Officer Darwin Anderson, tried to approach Nelson’s mother, but came under gunfire from the house, the D.A.’s review states.

Anderson retreated and returned fire towards the house.

The D.A.’s review states Nelson was in the home and “continued to indiscriminately fire his weapon.”

During an ensuing standoff, San Diego Police Officer and SWAT sniper Matthew Steinbach got onto the roof of a nearby home. At this time, Nelson set fire to part of the home, the D.A.’s review states.

Nelson, while armed with a rifle, made his way towards the front of the house where officers were positioned and Steinbach fired, striking Nelson in the back and killing him.

According to the D.A.’s review, “Anderson’s decision to respond with deadly force was reasonable” as he had come under gunfire.

Steinbach was operating under authorization of the on-scene SWAT commander to use lethal force unless Nelson “was observed unarmed and actively surrendering, and not attempting to break the perimeter…When Steinbach shot Nelson, Nelson posed an imminent threat of death or serious bodily injury that, from all appearances, had to be instantly confronted and addressed.”

• The Sept. 9, 2023, non-fatal shooting of a 16-year-old boy in Carlsbad.

The shooting happened following a traffic stop near Carlsbad State Beach.

One of the passengers, referred to only as “Minor One” in the D.A.’s review, grabbed a gun from under the passenger seat and “pivoted towards” Carlsbad police Officer Marcos Bocanegra.

Bocanegra opened fire, striking Minor One in the arm. The boy then ran, but was arrested.

The D.A.’s review states that Bocanegra “reasonably perceived” that the boy posed a threat and “due to the nature of the rapidly unfolding incident, Bocanegra was forced to make a quick judgment.”