Police ruled justified in 2021 shooting of armed suspect, three bystanders in Hesperia

Prosecutors have ruled three California Highway Patrol officers and a sheriff's deputy were legally justified in the fatal shooting of an armed suspect in Hesperia more than three years ago that also left three family members wounded when stray bullets pierced their nearby home.

The gunfire took place about shortly after 4 a.m. on Feb. 17, 2021, at Peach Avenue and Catalpa Street.

Hector Javier Puga, 32, was killed in a barrage of bullets after opening fire on CHP officers following an hour-long pursuit, according to the San Bernardino County District Attorney's Office. He was being sought in connection with a shooting the previous day.

Some of the 61 bullets fired by three CHP officers and one San Bernardino County Sheriff's deputy struck a nearby home, wounding a man, a woman and their 14-year-old son. The family had been watching the police activity unfold from their living room prior to the gunfire, San Bernardino County District Attorney's officials stated in a report on the shooting issued Friday.

The boy suffered three gunshot wounds to his upper torso and abdomen, causing damage to internal organs, according to the report.

His father was shot in the forearm and hand, as well as struck by shrapnel in one of his legs. The mother suffered shrapnel wounds to her face and upper chest, according to officials and court documents.

A total of 58 rounds were fired by law enforcement officers during the incident, including 38 from .223-caliber rifles and 20 from two .40-caliber handguns, the report stated.

A road rage shooting in Victorville

The day before the shooting, Puga was identified as a suspect in a road rage shooting on the 15 Freeway in Victorville, investigators said.

He allegedly shot at, but did not strike, another man during a dispute shortly before 6 p.m. on the southbound 15 Freeway, south of Roy Rogers Drive, according to the report. The victim was able to provide authorities with a description of the shooter and his vehicle.

Two CHP officers spotted a person and vehicle matching the description about 1:45 a.m. the following morning driving along Bear Valley Road near the 15 Freeway. After trying to pull the SUV over, the driver sped off, initiating a pursuit.

The pursuit and gunfire

Puga led CHP officers and deputies on an chase at high speeds for about an hour before law enforcement officers managed to flatten one of his SUV's tires with a spike strip, prosecutors said.

The fleeing vehicle ultimately came to a stop at Peach Avenue at Catalpa Street in Hesperia , facing north.

After several minutes, a woman exited the passenger door of the SUV and was detained, officials said.

CHP officers and sheriff's deputies took positions behind the SUV and began issuing commands for Puga to exit and surrender, according to the DA's report. The officers at the scene included a CHP sergeant, two CHP officers, a sheriff's sergeant and a sheriff's deputy.

The CHP sergeant requested that a sheriff's SWAT team be called to help, but the sheriff's sergeant "believed progress was being made and SWAT was not necessary at the time," the report stated.

Puga refused to comply and officials used glass breaker balls to shatter a window, then fired pepper balls in an attempt to coax the suspect out, authorities said.

After a standoff lasting about an hour, Puga exited the SUV, but initially continued to ignore commands, prosecutors said. He was away from deputies, then positioned himself in front of the vehicle, where his lower body remained out of view.

Puga pulled a handgun from his waistband and fired two shots at CHP officers, prompting three of them and a sheriff's deputy to open fire, according to the report. The suspect began running away while pointing his gun back toward officers before ultimately falling to the ground.

“After more than an hour of negotiating, the suspect got out and ran to the front of the vehicle and began shooting at the officers, then ran while he continued to shoot at them," sheriff's officials said in a statement at the time of the shooting . "At this time, an officer involved shooting occurred and the suspect was struck."

During the exchange, CHP Officer Michael Blackwood fired 20 rounds from a rifle, while CHP Sgt. Isaiah Kee fired 18 rounds from a rifle, the report noted. CHP Officer Bernardo Rubalcava fired 13 rounds from a handgun, and sheriff's deputy Jake Adams fired 10 rounds from a handgun. Sheriff's Sgt. Robert Vaccari fired a less-lethal projectile.

Once Puga was handcuffed, officials rolled him over to find a loaded, un-serialized 9mm handgun still under his torso, prosecutors said. Puga died at the scene. An autopsy determined he had been shot 10 times.

No officers were injured, officials said.

Innocent bystanders

Immediately after the shooting, deputies were dispatched to a shooting at a home on the northeast corner of Peach Avenue and Catalpa Street, the report said. A young woman called 911 from the home and said her mother, father and 14-year-old brother had been shot.

The woman and boy were flown by helicopter to a trauma center for treatment, law enforcement officials said. The boy was rushed into surgery and placed in an intensive care unit.

The wounded father was hospitalized by ambulance.

The father told investigators that after being awakened by sirens, his family had been in the living room watching the standoff when the gunshots rang out.

"(He) saw a spark on his closed security door and realized gun fire hit their front door and house," the report said. Moments later, he realized that he, his wife and their son were wounded.

"(The father) yelled to the officers for help. Within minutes San Bernardino County Sheriff’s Department deputies climbed over their front gate to check on her family," according to the report. "(The mother) believed they were helpful and nice and what happened was not law enforcement’s fault, they were just doing their job."

The teenage boy told investigators he saw "flashes of light" as police opened fire on the suspect.

"(He) was hit in the torso, looked down and his shirt was full of blood," the report said.

Hesperia shooting: Man shot and killed during gunbattle with police after vehicle chase

Shooting ruled legally justified

The District Attorney's office concluded all of the officers were legally justified in opening fire, as they did so in "self-defense and defense of others."

("The officers) each had an honest and objectively reasonable belief that Puga posed an imminent threat of serious bodily injury or death. Puga had drawn a firearm on officers and shot at them," the report said.

"Given those circumstances, the only reasonable conclusion for (them) to reach was that Puga intended to cause serious bodily injury or death to one of them. Therefore, the decision ... to use deadly force was justified."

Sheriff's officials declined to comment on the district attorney's office report and a request for comment from the CHP was not returned.

The lawsuit

The family has filed a lawsuit against the state and county over the shooting.

The suit, filed by The Law Offices of Dale K. Galipo , alleges excessive force, violation of civil rights, violation of due process, negligence and battery.

As the gunfight broke out, "Plaintiffs heard shots and saw a spark hit their metal screen door as officer defendants and deputy defendants shot at Puga in the direction of the (family's home)," according to the federal complaint, filed in the Central District of California.

"Moreover, the officer defendants and deputy defendants continued to shoot at Puga’s direction even after it was clear that Puga had been struck and seriously injured by some of the shots, had fallen face-first onto the ground and away from the officer defendants and deputy defendants, and was not making and threatening or furtive movements," according to the lawsuit.

The officers and deputies "were aware that Puga was between them and the (family's) resident, and they were aware that the (family's) residence was in the background when they fired gunshots in Puga's direction," the suit states.

"Officer defendants and deputy defendants knew or reasonably should have known that there were innocent bystanders inside of the (Family's) residence and that their gunshots could strike the (family's) residence and anyone inside," the lawsuit adds. "Officer defendants and deputy defendants thus fired their weapons with the knowledge that innocent bystanders, including Plaintiffs, could be struck by their bullets."

The lawsuit sought unspecified damages including medical bills, compensatory damages and punitive damages.

A jury trial was scheduled for July, court records show.

Read the full San Bernardino County Sheriff's Office document:

This article originally appeared on Victorville Daily Press: Police ruled justified in 2021 shooting of armed suspect, three bystanders in Hesperia