California Department of Justice Releases Report on Officer-Involved Shooting of Austin Flores

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Austin Flores’s death from an officer-involved shooting in Fresno, California, on May 19, 2022. The incident involved officers from the Fresno Police Department (FPD). 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.

“The tragic loss of life in this incident profoundly affects the entire state of California,” said Attorney General Bonta. “We recognize the considerable challenges and difficulties faced by all those impacted, including Mr. Flores’s family, the law enforcement agencies involved, and the community at large. The California Department of Justice is dedicated to collaborating with all law enforcement entities to maintain a legal system that is fair, transparent, and accountable to every Californian. We are committed to building trust and integrity within our justice system, ensuring that the rights and dignity of all individuals are upheld and safeguarded.”

On May 19, 2022, the officer involved shooting occurred during an attempt to serve and enforce a restraining order at the residence of a relative of Mr. Flores. Once on scene, officers encountered Mr. Flores, who brandished what appeared to be a firearm and aimed it at an officer. In response, the officer fired nine rounds at Mr. Flores, who was fatally wounded. After the incident, the firearm was discovered to be a replica.

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 the evidence does not show, beyond a reasonable doubt, that the officers involved acted without the intent to defend themselves and others from what each of them reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case. 

A copy of the report can be found here.