No Charges For Officer Involved Shooting Huntington Beach

HUNTINGTON BEACH, CA — There will be no criminal charges for a Huntington Beach police officer who fatally shot a 27-year-old homeless Navy veteran in September, according to Orange County District Attorney Tony Rackauckas.

According to OCDA's detailed interviews, examinations and reports it was decided that there was no crime committed in the fatal shooting that ended the life of Dillan J. Tabares.

"There is substantial evidence that (officer Esparza's) actions were reasonable and justified under the circumstances when he shot and killed Tabares," OCDA Assistant District Attorney Ebrahim Baytieh said in a recent report.

Officer Esparza declined a statement regarding the shooting.

Though witnesses recorded the shooting and shared on social media, that was only a portion of the story, according to the OCDA's report.

Coroner reports stated that at the time of the shooting, Tabares tested positive for methamphetamine and ethanol.

Officer Eric Esparza fired upon 27-year-old Dillan J. Tabares outside of an Edinger Avenue convenience store on the morning of Sept. 22, 2017.

Days before Tabares was killed, he allegedly beat to death an 80-year- old benefactor, Richard Darland, Huntington Beach police said in October.

Esparza refused to make a statement to investigators, but that cannot be held against him in the analysis of the shooting, Baytieh said. Investigators based their analysis of what happened between Tabares and Esparza on statements from witnesses, another officer who arrived on scene of the shooting and surveillance video.

Still unclear is why Esparza decided to contact Tabares before the deadly struggle between the two.

Witnesses said they saw Tabares grabbing at Esparza's belt or holster as the two wrestled in the store's parking lot, according to Baytieh. Esparza tried to subdue Tabares without success with a Taser.

"Witnesses said Tabares appeared to be on drugs and had superhuman strength," Baytieh said. "Tabares was seen punching the officer before the two fell to the ground and wrestled."

The officer's flashlight was found near the body, Baytieh said.

Family members said Tabares had been struggling with drugs and homelessness and had been refusing help.

Tabares had a criminal history of reckless driving, driving drunk, possession of a dangerous weapon, resisting arrest, possession of drug paraphernalia and battery with serious bodily injury, Baytieh said.

"It is clear in this case, based on the totality of all the available evidence, Officer Esparza was justified in believing Tabares posed a significant threat of death or serious physical injury to Officer Esparza and possibly other civilians in the parking lot," Baytieh wrote in his report.

It didn't matter why Esparza confronted Tabares in the first place, the prosecutor said.

"It is lawful for a police officer to attempt to make consensual contact with a pedestrian in a public area," Baytieh said, adding "and the pedestrian is not legally permitted to respond to such contact by charging at the officer and punching him."

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