SB Now

On February 26, 2007 at approximately 2212 hours San Bernardino Police
Dispatchers received a call to check the area at the Foothill Villa apartments located at
2605 W. 2nd Street, San Bernardino regarding reported gunshots being heard at that
location.
I
n addition to gunshots being heard, information was broadcast giving a
description of suspects and additional information regarding the fact that the suspects
were seen with a handgun, possibly a revolver.

Officers Adam Affrunti and his partner Elizabeth Contreras, who were assigned
to the CIT (Crime Impact Team) detail advised police dispatchers that they would assist
in the call.

2 While proceeding towards the location on 2nd Street Officer Affrunti received
descriptions of two different cars that were involved in the call, one being a white car
and the second being a gray PT Cruiser.

The San Bernardino County Sheriff’s helicopter arrived on scene and broadcast
that the gray PT Cruiser was leaving the area of the apartment complex located at 2605
w. 2nd Street. Officer Affrunti heard the observer in the helicopter advise regarding the
PT Cruiser’s direction of travel. As Officer Affrunti drove his police car in the direction of
the entrace to the apartment complex he observed the PT Cruiser leaving the complex.

Officer Affrunti drove his police car in the path of the PT Cruiser causing the
driver to stop. The passenger in the PT Cruiser then exited the vehicle and began to
run in a north/east direction holding a handgun.

Officer Affrunti exited his unit and began chasing the passenger with the gun.
Officer Affrunti perceived a threat and then fired his duty weapon at the fleeing suspect
striking him three times in the leg. The suspect stopped running.

The suspect wasdetained and searched by Officer Affrunti. The suspect was found to have in his
possession a loaded High Point Firearms .380 caliber handgun and a baggie containing
marijuana and a separate baggie containing cocaine.
The suspect was identified as Edward Shannon King, DOB: 12/23/1983. He was
arrested for Penal Code sections 245(A)(2)(Assault With A Deadly Weapon, Firearm)
and 12021(A) (Felon In Possession of a Firearm).

BACKGROUND INFORMATION

Edward King, Jr., at the time of this incident, was on parole for a 2005 conviction
and State Prison commitment for Heath & Safety Code 11351. In addition to this
conviction, Mr. King had previously been convicted of Penal Code sections 211
(Robbery) and 12021(A)(1) (Felon In Possession of a Firearm) in 2002 for which he was
sentenced to two years State Prison. For his part in the incident under review he was
charged and pled guilty to Count 1, Penal Code section 12021(A)(1) on April 6, 2007
and was sentenced to sixteen months State Prison concurrent with any parole violation.

3
STATEMENT OF FACTS

Officer Adam Affrunti: San Bernardino Police Department
Officer Adam Affrunti was interviewed on Februay 24, 2007 at approximately
0340 hours at the San Bernardino Police Department. Officer Affrunti stated that he
had been a member of the San Bernardino Police Department for approximately four
years and that his assignment, on the evening of February 26, 2007, was as a member
of the Crime Impact Team (CIT) working the west side of the City of San Bernardino.

Officer Affrunti stated he responded to a high priority call to check the area of of
an apartment complex located in the 2600 block of West 2nd Street in the City of San
Bernardino.

Officer Affrunti advised that the call stated that officers had been at that location
with regard to a fight or a “man-with-a-gun” call. The call indicated that the subjects
were back in the complex armed with guns.

Officer Affrunti was driving to the area when police dispatchers advised that the
subjects were now armed. Officer Affunti advised that a white vehicle along with a gray
PT Cruiser were seen leaving the area.

Officer Affrunti did not see any of the suspect vehicles as he arrived in the area
of the 2600 block of West 2nd Street and informed radio dispatchers of this information.
Officer Affunti said that he and his partner (Officer Elizabeth Contreras) were
existing their marked police unit when he (Officer Affrunti) heard the San Bernardino
County Sheriff’s helicopter flying overhead. Officer Affrunti heard the observer in the
helicopter broadcast that a gray PT Cruiser was at the front entrance to the complex.
Looking towards the gate area of the complex, Officer Affrunti could see that the San
Bernardino County Sheriff’s helicopter was illumination a gray PT Cruiser.

Officers Affrunti and Contreras then re-entered their unit and started driving
towards the entrance of the complex at which time he saw the gray PT Cruiser at the
front gate. Officer Affrunti activated his overhead police lights on his marked police car
and illuminating the inside of the PT Cruiser with his driver’s side spotlight.

Officer Affrunti described the driver to be a black female adult and the passenger
seated in the right front seat to be a black male adult. Officer Affrunti then observed
that the passenger reached for the door handle. Believing that the passenger may have
been involved in the original call inside the complex at the apartments, Officer Affrunti
assumed that the passenger was preparing to run away.

4 The passenger in the PT Cruiser exited and ran in a northeasterly direction away from
him (Officer Affunti). Officer Affrunti said that he also began to run after the suspect
(because of the fact that the subject was running confirmed his suspicion that the
passenger who he had seen running was involved in the call within the complex).
Officer Affrunti stated that as the suspect was running he could see that the right
hand of the suspect was stationary, concealed in front of him. Officer Affrunti estimated
that he was approximately 30 to 40 feet behind the suspect.

Officer Affrunti stated that during the foot pursuit he was eventually able to see
the suspect’s right hand move toward the suspect’s backside. Officer Affrunti stated
that it was at this time when he observed that the suspect was holding a black semiautomatic
handgun in his right hand.

Officer Affrunti described how the suspect turned and looked at him. He
(Affrunti) was “petrified” knowing that the subject had been involved in some type of
criminal activity within the complex.

Officer Affrunti stated that the suspect with the firearm was looking at him, “sizing
him up” to shoot at him. Officer Affrunti felt that the suspect was going to turn toward
him and shoot at him.

Officer Affrunti felt that since the suspect was running north, as opposed to
running east, it would be easier for the suspect to turn and shoot with his right hand. He
also described that it would be easy for the suspect to reach over the front of his body to
point the gun in his direction and shoot him.

Officer Affrunti also indicated that he thought that the suspect may be preparing
to take up a position of advantage behind the cars parked on 2nd Street and use them
as cover. Officer Affrunti believed that if he did not react or act appropriately, his life
would be over.

Officer Affrunti could not remember at what point he removed his weapon from
his holster. Officer Affrunti described how he fired approximately six to seven rounds
from his service firearm at the suspect.

Officer Affrunti ordered the suspect to the ground. Officer Affrunti did not see any
weapons in the suspect’s hands at that time. After the suspect was handcuffed Officer
Affrunti conducted a pat-down search during which time he found a black semiautomatic
handgun in the right front pocket of the jacket that the suspect was wearing.

Continuing with the pat-down search, Officer Affrunti found a brown bag in the suspect’s
right front pocket containing a baggie of suspected marijuana and also an additional
baggie containing suspected rocks of cocaine.

Officer Affrunti was cognizant of the fact that the 2600 block of West 2nd Street is
a high gang area and that the “Five Times Hometown Crips” frequent the area.

Officer Affrunti stated that this particular gang has been known to carry guns and are a violent
gang. (*NOTE*: Per Detective John Munoz of the San Bernardino Police Department,
Edward King, Jr. is a documented “5th Street Hometown Crip” documented in “Cal
Gangs”) Officer Affrunti stated that he was able to obtain information regarding the
physical descriptions of the subjects involved by reading the screen on his mobile data
terminal.

Officer Affrunti did not remember if he had given any initial commands to the
suspect and that the commands he gave were after the shots were fired. These
commands were for the suspect to put his hands up, for the suspect to get down on the
ground, for the suspect to get on his stomach, and for the suspect to put his hands
behind his back.

Officer Affrunti did not see the suspect place the handgun in his right front coat
pocket. The suspect did not fall to the ground as a result of his shooting him. Officer
Affrunti had no further information to provide.

Officer Elizabeth Contreras: San Bernardino Police Department
Officer Elizabeth Contreras stated that she was on an overtime shift with Officer
Affrunti on the evening of this incident under review.

Aware that there had been a “man with a gun” call on the 2600 block of West 2nd
Street earlier in the evening, she and Officer Affrunti responded to a second call of a
“man with a gun” in the same area. Officer Contreras recalled hearing on radio traffic
that the subjects present were armed and heard from the Sheriff’s Department
helicopter that a PT Cruiser was leaving the area, along with a white vehicle.
As she and Officer Affrunti were eastbound on 2nd Street, they observed a PT
Cruiser exiting the apartment complex. Their patrol vehicle stopped near the front of the
PT Cruiser. Officer Contreras observed a male passenger exiting from the PT Cruiser,
the driver was described as a black female in her 20’s.

Officer Contreras gave the male passenger exiting the vehicle verbal commands
to get back into the vehicle and show his hands. The subject was non-compliant and
reportedly armed.

Due to the fear for her safety, Officer Contrearas had her firearm out and
approached the suspect vehicle, attempting to see inside the vehicle. Officer Contreras
considered herself to be a “cover officer” for Officer Affrunti.

Officer Contreras recalled Officer Affrunti confronting the subject who had exited
the vehicle, shouting commands to the subject. The subject appeared to be pulling out
what she believed was a firearm to shoot Officer Affrunti. Officer Contreras stated that if
the positioning had not been what it was, she would have shot the male subject herself.

Officer Contreras further explained that based on her position and Officer Affrunti’s
position, it was not safe for her to fire as she might have struck Officer Affrunti with
gunfire.

Officer Contreras recalled seeing Officer Affrunti firing at the subject as he
continued walking. The fact that the subject was walking and not running to escape
caused Officer Contreras to believe that he was contemplating shooting at officers.
After seeing the suspect make eye contact with Officer Affrunti she observed Officer
Affrunti firing approximately six rounds.

Officer Contreras then handcuffed the driver of the suspect vehicle and then went
to assist Officer Affrunti. Officer Affrunti was the only officer who fired during this
incident. Officer Contreras had no further information to provide other than the fact that
she believed it was appropriate for Officer Affrunti to fire his weapon under the
circumstances.

Carlos Quezada: San Bernardino County Sheriff’s Department
Deputy Carlos Quezada identified himself as a San Bernardino County Sheriff’s
deputy assigned as a flight officer/observer on a San Bernardino Sheriff’s helicopter.
Deputy Quezada stated that he was on duty on February 26, 2007 as an
observer/flight officer when they received a request from San Bernardino Police
Department dispatch asking for assistance with an investigation in an apartment
complex in the area of 2nd Street. Deputy Quezada stated that after their arrival in the
area he monitored radio traffic of a gray PT Cruiser possibly being involved.
Deputy Quezada stated that he then observed a gray PT Cruiser traveling in the
apartment complex towards the entrance. Deputy Quezada stated that the PT Cruiser
was illuminated with the Sheriff’s helicopter spotlight as it reached the entrance. Deputy
Quezada also observed a police unit stopping in the path of the PT Cruiser. Deputy
Quezada then saw an unknown subject exiting the right front passenger’s door of the
PT Cruiser and run eastbound on 2nd Street approximately 20 to 25 feet and then drop
to the ground. Deputy Quezada saw no muzzle flashes from firearms. Deputy
Quezada was unable to see whether or not the subject had his arms raised or not.
Deputy Quezada could offer no further information.

Craig Mc Connell: San Bernardino Sheriff’s Department Helicopter Pilot
Deputy Mc Connell was the pilot of the Sheriff’s helicopter assisting San
Bernardino Police officers during the investigation on February 26, 2007. Deputy
McConnell was on duty in the Sheriff’s helicopter when he received a request for
assistance from San Bernardino Police Department regarding a “man with a gun” call in
the area of 2nd Street.

Deputy Mc Connell stated that after arrival on scene, dispatch advised him that
one of the vehicles involved was described as a gray PT Cruiser. Deputy Mc Connell
stated that he observed the PT Cruiser driving towards the exit of the complex along
with a San Bernardino Police Department patrol vehicle approaching the PT Cruiser at
the entrance blocking it’s (the PT Cruiser’s) path. Deputy Mc Connell next observed the
right front passenger exiting the PT Cruiser and begin to run. Deputy Mc Connell
observed the subject to run approximately 10 to 15 feet from the vehicle and then
suddenly fall to the ground.

Deputy Mc Connell could provide nor further information.
Civilian Witness #1: Witness Interview
Civilian Witness #1 told investigators that she was at her home at 2623 West 2nd
Street, Apartment 8, when she heard approximately seven gunshots coming from
outside her apartment.

Witness #1 stated that approximately seven to ten minutes later she heard the
police helicopter flying overhead.

Witness #1 also stated that she then looked out of her bedroom window and saw
the police officer shooting the suspect. Prior to the shooting Witness #1 had observed a
male subject running from the PT Cruiser and saw a police officer running and shouting
something. Witness #1 was not sure what it was that the officer had shouted. Witness
#1 stated that the subject continued to run after the officer gave his command. Witness
#1 then heard at least five to six gunshots coming from the handgun and saw the
suspect fall after the initial gunshots. Witness #1 stated that she could not see the
suspect’s hands from her bedroom window.

Witness #1 had no further information to provide.
Civilian Witness #2: Witness Interview
Witness #2 stated that on the evening of the incident she was present in her
cousin’s (Witness #1) apartment when she heard approximately four to five gunshots
coming from inside the apartment complex. Witness #2 then heard, approximately five
to seven minutes later, the police helicopter flying above the area.

Witness #2 could see police officers talking to someone in a white vehicle when she
looked out her cousin’s bedroom window and saw a police officer shooting at an
unknown male. Witness #2 could see the muzzle flash coming from the officer’s
handgun.

Witness #2 then saw the suspect fall to the ground. When asked if the officer
continued to fire while the subject was down on the ground Witness #2 indicated that he
did not. Witness #2 was unable to see the hands of the suspect. Witness #2 could not
hear either the suspect of the officer stating anything prior to the shooting.
Witness #2 had no further information to provide.
Civilian Witness #3: Witness Interview
Witness #3 indicated that she was the owner of the gray PT Cruiser that was
involved in the officer involved shooting. Initially Witness #3 did not want to speak with
the investigator.

Witness #3 stated that she had given the suspect, Edward King, a ride and that
he is the father of her son. Witness #3 stated that neither she nor Mr. King exited the
PT Cruiser after arriving at the apartment complex. Witness #3 stated that a police car
pulled in front of her as she started to exit the complex. Mr. King then opened the
passenger door and started to run away according to Witness #3. Witness #3 assumed
that Mr. King was running due to the fact that he was on parole at the time.

Witness #3 stated that the police officer then started to shoot at Mr. King causing
him to fall to the ground.

When questioned about Mr. King having a gun in his possession when he
entered her car Witness #3 stated that he (King) would not get into her car with a gun
out of “total respect “ for her. Witness #3 denied knowing anything about Mr. King being
in possession of a handgun.

Witness #3 denied knowledge of gunshots being fired in the area of the
apartment complex prior to the shooting by the officer. Witness #3 admitted that Mr.
King had exited her car to “smoke a cigarette”.
Witness #3 had no further information to provide and the interview was ended.

APPLICABLE LEGAL STANDARDS
Laws of Arrest
Cal. Penal Code section 834 (summarized in pertinent part)
An arrest is taking a person into custody, in a case and in the manner authorized
by law. An arrest may be made by a peace officer.
Cal. Penal Code section 834a
If a person has knowledge, or by the exercise of reasonable care, should have
knowledge, that he is being arrested by a peace officer, it is the duty of such a person to
refrain from using force or any weapon to resist such arrest.
Cal. Penal Code section 835
An arrest is made by an actual restraint of the person, or by submission to the
custody of an officer. The person arrested may be subject to such restraint as is
reasonable for his arrest and detention.
Cal. Penal Code section 835a
Any peace officer who has reasonable cause to believe that the person to be
arrested has committed a public offense may use reasonable force to effect the arrest,
to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arrest need not retreat or
desist from his efforts by reason of the resistance or threatened resistance of the person
being arrested; nor shall such officer be deemed the aggressor or lose his right to selfdefense
by the use of reasonable force to effect the arrest or to prevent escape or to
overcome resistance.
Cal. Penal Code section 836 (summarized in pertinent part)
A peace officer may arrest a person in obedience to a warrant or
without a warrant whenever the officer has probable cause to believe that
the person to be arrested has committed a public offense in the officer’s
presence or that he has committed a felony.
Laws of Self-Defense
CALJIC 5.30 (see also CALCRIM 3470) Self-defense against assault (in pertinent part)
It is lawful for a person who is being assaulted to defend himself from attack if, as
a reasonable person, he has grounds for believing and does believe that bodily injury is
about to be inflicted upon him. In doing so, that person may use all force and means
which he believes to be reasonably necessary and which would appear to a reasonable
person, in the same or similar circumstances, to be necessary to prevent the injury
which appears to be imminent.
CALJIC 5.32 (see also CALCRIM 3470) Use of force in defense of another
It is lawful for a person who, as a reasonable person, has grounds for believing
and does believe that bodily injury is about to be inflicted upon another individual to
protect that individual from attack.
In doing so, he may use all force and means which that person believes to be
reasonably necessary and which would appear to a reasonable person, in the same or
similar circumstances, to be necessary to prevent the injury which appears to be
imminent.

CALJIC 5.50 (see also CALCRIM 3470) Self-defense, assailed person need not retreat
(in pertinent part)
A person threatened with an attack that justifies the exercise of the right of selfdefense
need not retreat. In the exercise of his right of self-defense a person may
stand his ground and defend himself by the use of all force and means which would
appear to be necessary to a reasonable person in a similar situation and with similar
knowledge; and a person may pursue his assailant until he has secured himself from
danger if that course likewise appears reasonably necessary. This law applies even
though the assailed person might more easily have gained safety by flight or by
withdrawing from the scene.
CALJIC 5.51 (CALCRIM 3470) Self-defense, actual danger not necessary (in pertinent
part)
Actual danger is not necessary to justify self-defense. If one is confronted by the
appearance of danger which arouses in his mind, as a reasonable person, an actual
belief and fear that he is about to suffer bodily injury, and if a reasonable person in a like
situation, seeing and knowing the same facts, would be justified in believing himself in
like danger, and if that individual so confronted acts in self-defense upon these
appearances and from that fear and actual beliefs, the person’s right of self-defense is
the same whether the danger is real or merely apparent.

ANALYSIS

The incident under review was the result of officers being dispatched to the
scene of an apartment complex regarding shots being fired at that location.
Armed with this knowledge, Officer Affrunti reasonably believed that one or more
persons were armed with a firearm when he arrived Officer Affrunti was also advised
that a gray PT Cruiser was seen leaving the area of the apartment complex. Upon his
arrival at the apartment complex Officer Affrunti observed a gray PT Cruiser matching
the description of the suspect vehicle exiting the apartment complex. Officer Affrunti
then drove his police vehicle to a position blocking the path of the PT Cruiser and it was
at this time that the suspect Mr. King exited the vehicle and ran. Based on his training
and experience, Mr. King’s actions reasonably appeared to Officer AffruntiI to be those
of a desperate man attempting to flee police.

The fact that Mr. King was running confirmed Officer Affrunti’s suspicion that he was somehow involved in the call within the complex. Officer Affrunti said that he was able to see the suspect holding a
handgun during the foot pursuit.

Officer Affrunti said that the suspect turned and looked “straight at him.”
Reasonably believing that the suspect had been involved in some type of criminal
activity within the complex and also the fact that the suspect was fleeing to get away
from him and any criminal activity he might have been engaged in, it was Officer
Affrunti’s belief that the suspect was intent on shooting the pursuing policeman, thereby
threatening the life of Officer Affrunti, and others who lived in the area of the apartment
complex.

Officer Affrunti clearly had the right to order Mr. King to stop and to detain him
pending further investigation of the situation.

The weapon that Mr. King carried posed a great threat to any persons in the area.
Mr. King’s running from the officer, along with Mr. King holding the handgun
would cause any reasonable person to believe that Mr. King was going to shoot at him.
Confronted with this situation, Officer Affrunti had a legitimate and reasonable belief that
his ilfe was in danger, and that suspect Mr. King was going to shoot him. Officer Affrunti
fired at Mr. King to eliminate this threat. The situation caused Officer Affrunti to fear for
his safety.

Mr. King’s conduct constituted violations of Penal Code section PC12021 (felon
in possession of firearm) and Health & Safety Code 11351 (Possession of a Controlled
Substance).

CONCLUSION

Under the facts and circumstances presented in this case, the shooting of
Edward King, Jr. was a lawful exercise of the right of self-defense and defense of
others, and therefore was legally justified.
_____________________________
Kenneth L. Smith
Supervising Deputy District Attorney