No Criminal Actions In Fatal Napa Officer-Involved Shooting: DA

NAPA, CA — Criminal charges will not be filed against a Napa police officer who fired his department-issued assault rifle at a suspect multiple times, fatally injuring a man one year ago near an apartment complex in the city of Napa, Napa County District Attorney Allison Haley announced Tuesday.

The use of deadly force by Napa police Officer Christopher Simas in the officer-involved shooting of David Alejandro Molina, 27, "was a reasonable and lawful response under the totality of the circumstances," Haley said.

"Therefore, the actions were legally justified and criminal charges against him are neither warranted nor supported by the evidence," the DA said.

Simas and fellow Napa police officers were dispatched at 1:50 a.m. Wednesday, Dec. 5, 2018, to Kentwood Apartments on Soscol Avenue.

The DA's Office determined in its review of the fatal incident that 911 callers reported "Molina engaged in a heated argument in which he threatened several people, physically attacked a woman, and displayed a pistol in his waistband in a threatening manner," Haley said.

Simas quickly located and identified Molina but "Molina refused to follow orders and ran away in an attempt to evade law enforcement," Haley said.

Simas followed the armed suspect into a densely populated apartment complex in order to protect Napa residents, Haley said.

When Simas attempted to handcuff Molina, Molina "violently resisted, grabbed a hold of his rifle and shot approximately seven times into the ground," the DA said.

"Molina attempted to take control of the rifle and refused to surrender," Haley said. "Fearing for his life, Officer Simas broke free and shot and killed Mr. Molina who had turned toward him from one step away."

In the days following the shooting, Napa police Chief Robert Plummer said Officer Simas chased Molina on foot for about 5 minutes until they were in a ravine, where Simas was able to handcuff one of Molina's hands.

While Simas was trying to cuff the other hand, it is believed Molina got a hold of the trigger of the officer's AR-15, firing off some shots, Plummer said.

Fearing for his life, Simas re-racked his AR-15 and fired five shots, four of which struck Molina.

The handgun police believe Molina had on him was found fully loaded about 75 feet from the scene of the officer-involved shooting, Plummer said, describing it as a .38-special revolver. If Molina had survived, the chief said, he would have faced charges of alleged attempted murder of a police officer and being a felon in possession of a loaded firearm.

Haley said her determination followed an investigation by the Napa County Sheriff's Office, and was made based upon a full review by her office.

The DA Office's released its full report of the fatal Napa officer-involved shooting that involved Simas chasing Molina on foot through the area of Soscol Avenue, Stonehouse Drive and Maplewood Avenue, and came to a close near Vineyard Terrace Apartments.

"The public deserves full transparency as how and why our office reaches a decision in an officer involved shooting," Haley said.

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• Napa Police Release Name Of Officer Involved In Fatal Shooting
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