No Criminal Action In Napa County Officer-Involved Shooting: DA

NAPA COUNTY, CA — No criminal actions were taken by a Napa County sheriff's deputy or any other law enforcement in connection with the fatal officer-involved shooting last April of 24-year-old Napa man Brandan Nylander, according to Napa County District Attorney Allison Haley.

In a news release issued Dec. 31, Haley announced the District Attorney’s Office completed a full review of the officer-involved shooting that took place April 24, 2020, in the area of Airport Boulevard near the Napa County Airport.

"The sole purpose of our examination was to determine if there is any criminal liability on behalf of any member of law enforcement," Haley said. "We find no criminal liability in these circumstances."

According to the DA's news release:

"On April 24, 2020, Brandan Nylander was under the influence of alcohol and depressed with recent suicidal ideations. He took his Weatherby 12-gauge shotgun and drove to Walmart in the City of Napa.

"Mr. Nylander removed a concealed hammer, broke a display case for ammunition, stole one box of shotgun shells and threw the hammer at an employee. Walmart staff called 911 and Napa law enforcement was notified of a robbery suspect fleeing in a car with stolen ammunition.

"Napa County Sheriff’s Office Deputy Gregg Lee heard the dispatch and spotted the vehicle minutes later near Highway 29 and Highway 221. Deputy Lee tracked the car onto Airport Boulevard where it came to an abrupt stop at a chain-link fence on a service road. Within seconds, Mr. Nylander emerged with the shotgun, now loaded with two shells, in his hands. Outgunned and fearing for his life, Deputy Lee shot four times until Mr. Nylander went to the ground. A suicide note left to his family was later found in Mr. Nylander’s home.

"The use of deadly force by Deputy Lee was a reasonable and lawful response under the totality of the circumstances. Therefore, the actions were legally justified and criminal charges against him are neither warranted nor supported by the evidence. The review by the District Attorney’s Office is summarized in a comprehensive report being released today and is available on our website at https://www.countyofnapa.org/1330/Documents. The public deserves full transparency as how and why our office reaches a decision in an officer-involved shooting."

A spokesperson for the Napa County Sheriff's Office did not respond to Patch's request for comment about the DA's findings in the fatal officer-involved shooting.

Family members of Nylander have taken legal action against the county because of his death, according to a news report.

"Standing as Nylander was, the claim argues, he did not pose an immediate threat to the sheriff’s deputies who pursued him," the Napa Valley Register reported.

When the initial claim filed in August was rejected by the county in October, his family was given six months to file a lawsuit. Attorney Joseph A. Welch told the Register in November that his clients "fully" intended to file suit.

Patch was not immediately able to reach Welch on Monday about the status of the case.

'Suicide By Cop'

The sheriff's office said at the time of the shooting that "suicide by cop" was suspected in Nylander's death, and the DA's Office came to the same conclusion.

According to a 13-page report released Dec. 31 by the DA's Office, Nylander moved to Napa in January 2020 from Auburn. At the time of his death, he'd recently started working as a wood chipper for the county of Napa and was living in a detached garage in the city of Napa.

However, on the day of his death, he was unable to work based upon a self-inflicted fracture of his hand.

Nylander had a very limited criminal record and little indication of violence in his history, the report states.

On the day of his death, Nylander spoke to a social worker and indicated recurrent thoughts of death and suicide. He expressed concern over his living situation, his inability to make money with his hand injury and his difficulty in controlling his anger, the DA's Office said.

He said he had never in his life been as depressed as he was on that day.

The DA's Office said the mental state of Mr. Nylander is relevant as evidence of his intent for actions later in the day.

Footage that day from a home security camera showed Nylander go into his living space. He was heard crying and was seen carrying a shotgun case at 1:53 p.m. when he left his residence.

At 2:03 p.m., surveillance showed Nylander park his car and walk into Walmart where he took a hammer from his shorts, smashed a glass sporting case and grabbed a box of shotgun shells. The hammer reportedly struck a cashier in the arm.

At 2:08 p.m., footage showed Nylander drive out of the Walmart parking lot. An assistant manager at Walmart called 911 to report the incident. Dispatchers broadcast the suspect and vehicle description, including the distinctive "GOTBEAT" license plate. Dispatch stated the suspect was a large, white man armed with a hammer who smashed open a display case, assaulted an employee and stole ammunition.

Deputy Gregg Lee is a 25-year veteran of law enforcement who at the time of the shooting was retired from the Napa Police Department and was working for the Napa County Sheriff's Office on a part-time basis as a fully sworn deputy.

On the day of the shooting, Lee was specially assigned to provide security for a COVID-19 quarantine facility at the Napa County Airport.

According to the report: "At the time of the incident, Lee did not have a less-lethal weapon (such as a Tazer, bean bag gun, etc.), patrol rifle or shotgun in his patrol car. Deputy Lee had not been issued any type of audio/video recording equipment for his person. Deputy Lee had not been trained on any type of recording equipment in the patrol vehicle and as far as he knew, there hadn’t been any. In fact, however, his patrol car was equipped with an operational dash camera that captured the subsequent events, albeit without sound."

When Lee heard the BOLO — Be On The Lookout — alert broadcast over the radio by Napa dispatchers, he "correctly concluded that a person who stole ammunition was highly likely to be in possession of a firearm," the report states.

Lee positioned his car at the intersection of Highway 29 and Highway 221, next to a California Highway Patrol officer in an effort to apprehend the subject.

Around 2:25 p.m., Lee spotted a car matching the description of Nylander's. The car was southbound on Highway 29 and Lee activated his emergency lights and siren to attempt an enforcement stop.

Nylander did not stop; instead, he continued driving at what Lee said was a speed of 75 mph. Lee said he pursued Nylander who swerved between the two southbound lanes, and onto the right shoulder, to pass cars.

Nylander turned right on Airport Boulevard, then took another right and crossed over the railroad tracks then pulled into a paved driveway where drove his car into cyclone fences secured with a chain lock.

Lee said he believed Nylander was going to drive through the gate onto the tarmac of the Napa County Airport where the pursuit would continue, so "he was shocked when Mr. Nylander suddenly opened his driver’s side door."

"Immediately upon stopping his vehicle, Mr. Nylander opened the driver’s side door. Alarmed by the action of Mr. Nylander, Deputy Lee opened his patrol vehicle’s door in response. Deputy Lee watched Mr. Nylander exit his vehicle and recognized very quickly that he was holding a black 'long gun,' namely a pump-action shotgun. Deputy Lee has no memory of stopping his patrol car, putting the vehicle in park, releasing his seatbelt or manipulating the mechanism to open his car door. As soon as Deputy Lee recognized Mr. Nylander was holding a long gun, Deputy Lee knew he was grossly outmatched in firepower. Deputy Lee said that the realization that he was outgunned was 'terrifying.' Deputy Lee was also acutely aware of how close he was to
Mr. Nylander – a distance of less than 20 feet. This close proximity compounded his fear."

7 Seconds

The DA's report notes that from the time Nylander opened his car door to the time he fell to the ground, seven seconds elapsed.

Lee said when Nylander got out of his car, it was clear that Nylander's left hand was on the pump-action forestock of the shotgun as he swung the barrel toward the deputy.

Lee "instinctively started shouting at Mr. Nylander to stop but had no clear memory of what he shouted at the time of his interview. No device captured the audible directives given by the deputy."

According to the report, "Dash and body-worn camera videos were booked into evidence by deputies and officers involved in the incident. The dash camera from Lee's patrol car was the only device to visually record the events surrounding the shooting uninterrupted. The dash camera did not capture any audio. The video clearly depicts Mr. Nylander exiting his car with the shotgun in his hands and his subsequent movements."

Photographs were included in the report to demonstrate the difference between the fixed location of the dash camera and the orientation of Nylander’s attention toward the deputy.

"Recognizing the barrel of the gun pointing at him and the resulting threat of death, Deputy Lee fired shots at Mr. Nylander and missed. The dashcam captured puffs of smoke at the extreme left corroborating Deputy Lee’s statement that multiple shots were fired that missed Mr. Nylander. At least one bullet hit a metal sign attached to the cyclone fence behind him. Deputy Lee saw no reaction from Mr. Nylander and realized the threat had not been stopped. Mr. Nylander’s left hand was still on the pump-action forestock and he was facing Deputy Lee when Deputy Lee fired additional rounds. As the shots were fired, Mr. Nylander started to turn away from Deputy Lee. Mr. Nylander was hit in the neck and in the buttock. Mr. Nylander spun around, dropped the gun and fell to the ground in front of his vehicle. All witnesses to the event indicate that Mr. Nylander was silent throughout the encounter."

The report notes that when Nylander got out of his car, another sheriff's deputy and a CHP officer had arrived at the scene. Because he was focused on Nylander and his weapon, Lee was not aware the other officers were there, nor that they were also in danger.

"Lee believed he was alone. A team of NSO deputies and CHP officers arrived immediately after the shooting. They called for assistance and the shotgun was secured."

Nylander did not have a pulse when Napa County Fire Department personnel arrived. Firefighters attempted life-saving measures, then turned the scene over to two ambulance paramedics who did not initiate any further medical treatment.

Nylander was holding a Weatherby PA-459 12 Gauge shotgun registered to a family member. The long gun was loaded with two shotgun shells.

According to the report, the box from Walmart was torn open and all cartridges were accounted for, including the two which had already been loaded in the shotgun.

"This means that Mr. Nylander ripped open the box of stolen shells and successfully loaded the shotgun at some point between fleeing the scene of his armed robbery and coming to a stop after being pursued by police."

Four expended .9- mm cartridge casings were found at the scene and were fire by Lee with his service weapon, a Glock Gen 5 Model 34, 9-mm handgun.

The DA's report states that Nylander's family members were sorting through his belongings about a week after the fatal shooting and found a note written on the inside lid of a storage container.

According to the DA's Office: "It was a suicide note written by Mr. Nylander to his family members apologizing for perceived shortcomings and stating that he did not want to wait to die of natural causes. Based on the content of the note, it is clear that it was written close in time to his death."

PREVIOUS COVERAGE:

• Fatal Napa Deputy-Involved Shooting: Sheriff Releases Video
• Authorities ID Napa Man, 24, Fatally Shot By Deputy
• 1 Dead In Deputy-Involved Shooting Near Napa County Airport