Body Camera Footage Released In Napa Officer-Involved Shooting

NAPA COUNTY, CA — The Napa County Sheriff's Office has released the body-worn camera footage from a recent fatal officer-involved shooting.

In a news conference held Wednesday, the sheriff's office also identified Sgt. David Ackman as the officer who fatally shot Juan Adrian Garcia, 47, of Napa, Oct. 5 during a traffic stop.

According to the sheriff's office, Ackman pulled Garcia over at 10:10 p.m. Oct. 5 at the intersection of Kaiser Road and state Highway 221 because his car's headlights were not turned on.

"Immediately after stopping, Mr. Garcia tossed a cell phone out of the driver’s side window and exited his vehicle without being told to do so," the sheriff's office said in a statement released Wednesday.

"Mr. Garcia advanced toward Sergeant Ackman while keeping one hand tucked behind his back. For nearly a minute, Sergeant Ackman attempted to de-escalate the situation as he retreated and repeatedly asked Mr. Garcia to stop and show his hands, however Mr. Garcia refused to comply."

In the one-minute video posted to the sheriff's Facebook page, Ackman is heard saying "Stop! Stop!" multiple times as Garcia, with one hand behind his back, walked toward the sergeant.

When Garcia got within close range, Ackman fired his weapon six times, hitting Garcia five times in the torso and once in the leg, the sheriff's office said.

Deputies got to the scene moments later and administered CPR and first aid, according to Henry Wofford, spokesman for the Napa County Sheriff's Office.

Garcia was rushed to Queen of the Valley Medical Center, where he died at 8:55 the following night, Wofford said.

Although Garcia reportedly refused to stop and show both hands simultaneously, it was later determined he was unarmed.

"Investigators were unable to obtain a statement from Garcia, therefore we’re unaware of his motive," Wofford said.

Medical records showed Garcia’s serum blood-alcohol level on the night of the incident was .338 percent, Wofford said.

"Garcia’s criminal record includes multiple DUI arrests," Wofford said. "He understood English, including the commands that were given to him by Sergeant Ackman."

Wofford said later that investigators established Garcia's knowledge of English through interviews and reviews of his court appearances and his interactions with other law enforcement agencies.

Ackman, who has been placed on procedural administrative leave, is a 21-year veteran of the Napa County Sheriff's Office. He worked for Napa County for 10 years before joining the sheriff's office.

Napa County Sheriff John Robertson said the body-worn camera footage released by his office Wednesday was "tragic and graphic."

It showed an increasingly tense scene that lasted just 40 seconds from when Garcia, 47, got out of his car to when Ackman shot him.

The footage shows Ackman pulling up behind Garcia's car on the side of the road and emerging from his patrol car with his gun drawn.

Then Garcia throws what was later discovered to be his cellphone over the roof of his car, before opening his door, stepping out onto the street without being told to, and closing the door behind him.

Garcia then walks about half the distance to Ackman's patrol car, puts both hands behind his back, and pauses.

According to Robertson, "At that time Sgt. Ackman felt that Mr. Garcia was placing himself in a position to be handcuffed, and he holstered his firearm. The sergeant motioned with his hand and told Mr. Garcia to turn around."

Garcia did not turn around, the footage showed. Instead, Garcia moved several steps toward Ackman, took a small step away again, took a step forward, then paused again before taking three or four steps away from Ackman and toward his own car.

Garcia then appeared to make a gesture that is indiscernible in the glare of headlights.

The footage next shows Ackman moving around his patrol car to the passenger side front quarter panel, in an effort, Robertson said, to "create space and distance."

Then Garcia is seen, about 30 seconds after he first got out of his car, on the driver side of Ackman's car, walking toward Ackman and the front of the patrol car. From there, Garcia, still with his hand behind his back, walked steadily toward Ackman, following him around the car to its rear, while Ackman yelled "Stop" three times with increasing urgency and volume.

Then Ackman fired repeatedly.

The fatal shooting remained under investigation Wednesday by the county's Major Crimes Task Force, which includes the Napa County District Attorney’s Office, Napa County Sheriff’s Office and the Napa Police Department.

The investigation, expected to last months, has not yet determined whether the shooting was justified, said Sheriff's Capt. Cullen Dodd.

"But as we stand here today, Sgt. Ackman followed the training and protocols and policy of our department," Dodd said.

Dodd, who is the Sheriff's Office's use of force expert, said Ackman acted correctly in not relying on non-lethal weapons.

"The training ... when we are by ourselves and faced with a deadly threat, which Sgt. Ackman believed he was being faced with, is that we are going to meet that threat with our own deadly lethal force," Dodd said. "At no time did Sgt. Ackman believe that Mr. Garcia did not have a deadly threat; a taser is not the right tool to bring to a situation where he believes that his own life is in danger."

Garcia was unable to give investigators a statement before he died.

"Sadly," Sheriff Robertson said, "there are questions about this case that may never be answered."

What is known, the sheriff said, is that Garcia had been arrested on "multiple" other occasions for driving under the influence. He also said it had been determined that Garcia understood and spoke English and was able to understand Ackman's commands.

Asked whether, in an era where police brutality and racism are in the spotlight, he had felt any particular obligation to be especially transparent in explaining to the community what took place with Garcia's shooting, Robertson said, "We did what we always do. We're a very transparent organization. We conduct our investigations and gather facts."

Robertson added, "It's important for people to understand that this investigation is going to take months, it's not hours, it's not a couple of days. This is a tragic investigation for everyone involved. And out of respect for the family and out of respect for law enforcement, everyone is owed a thorough investigation."

Robertson said he met for 25 minutes Wednesday with Garcia's family members including his father and wife, their attorney, and a representative from the Consulate General of Mexico, and showed them the footage. No further details about Garcia were immediately available.

The county task force is also investigating the fatal April shooting by a Napa Sheriff's deputy of a robbery suspect who was armed.

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Bay City News Service contributed to this report.