California Department of Justice Releases Report on Officer-Involved Shooting of Kyle Sostek

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Kyle Sostek’s death from an officer-involved shooting in Sugar Loaf, California, on March 12, 2023. The incident involved an officer from the San Bernardino Sheriff’s Department (SBSD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.  
 
“This was a tragic situation with a tragic outcome,” said Attorney General Bonta. “I sincerely hope this report provides the community with the answers they've been waiting for. The California Department of Justice aims to partner with law enforcement to build a just and equitable legal environment, ensuring that the rule of law is upheld, and justice is accessible to everyone.”
 
On March 12, 2023, at the SBSD night shift briefing, it was reported that Mr. Sostek had an outstanding parole warrant and that he was armed and dangerous. It was also reported that he was driving a white Honda sedan. During the shift, a SBSD deputy observed the white Honda described in the briefing. Another SBSD deputy located the vehicle and tried to conduct a traffic stop but a vehicle pursuit ensued. At a dead end of the road, Mr. Sostek stopped the vehicle and opened his door at the same time that the SBSD deputy opened his door. Mr. Sostek ran towards the deputy with his arm extended. The deputy shot multiple times, fatally wounding Mr. Sostek. It was later discovered that Mr. Sostek was not in possession of a deadly weapon.
 
Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that there is insufficient evidence to prove, beyond a reasonable doubt, that the deputy involved acted without the intent to defend themselves and others from what he  reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the deputy and no further action will be taken in this case. 
 
As part of its investigation, DOJ has identified four policy recommendations related to this incident. The first recommendation is that SBSD require deputies who have participated in officer-involved shootings to be placed in separate patrol vehicles when waiting for transportation to the station and when being transported to the station. This prevents deputies from discussing the incident with one another prior to their attorney consultation and interview with Homicide Detail investigators to preserve the integrity of their statements. 
 
The second recommendation is that SBSD provide refresher training as to the importance of preserving all evidence and not removing potential evidence related to homicide or any other investigations to ensure proper collection and preservation. Further, if any evidence is to be removed from the scene, including involved vehicles, SBSD must fully document the evidence and document the reason why the policy was not followed. The third recommendation is that SBSD should revise its policies regarding the use of body worn cameras. The fourth recommendation is that SBSD consider equipping and installing an in-car video system in its patrol units.
 
A copy of the report can be found here