Humboldt County District Attorney Stacey Eads completed her review of the investigation regarding the January 22, 2024, Humboldt County Sheriff’s Office (HCSO) Officer-involved shooting of 43-year-old Daniel Danny Martinez. DA Eads concluded the shooting was legally justified, in that the actions of Deputy Johnathan Waxler and Deputy Colton Ross complied with California Penal Code Section 835a. Martinez’s family has been notified of her findings and legal determination.
The Humboldt County DA's office just issued a lengthy press release which is included in the post. I have also included the link tothe press release by the City of Eureka posted on January 24, 2024.
Humboldt County DA Press Release:
District Attorney Stacey Eads has completed her review of the investigation regarding the January 22, 2024, Humboldt County Sheriff’s Office (HCSO) Officer-involved shooting of 43-year-old Daniel Danny Martinez. A Humboldt County Critical Incident Response Team, with members from the Humboldt County District Attorney’s Office, Eureka Police Department, Humboldt County Sheriff’s Office, Arcata Police Department, Fortuna Police Department, and California Highway Patrol, conducted the investigation. Additionally, the Humboldt County Coroner’s Office, Humboldt County CAST, Child Welfare Services, and the California Department of Justice- Bureau of Forensic Services, contributed to the investigation.
The following summarizes the facts derived from the investigation, as well as applicable law and legal conclusions of the District Attorney regarding this incident.
Please be advised the following contains potentially disturbing content for readers including descriptions of violence, child abuse, and death.
Factual Summary
On January 22, 2024, just before 5:45 in the morning, a 12-year-old boy covered in fresh blood wearing only boxer shorts ran into Mission Linen Supply, a Eureka business, looking for help after escaping from his uncle who attacked him in his home on Union Street. Citizen Curtis Bethel was there and called the police. Officers were dispatched to the business at 5:47 a.m., with the first officer arriving at 5:49 a.m.
The boy had multiple injuries, including lacerations to his neck and face, which were actively bleeding, and large abrasions. He told officers that he and his cousin were attacked with a knife by his intoxicated uncle, Daniel Martinez. Only the 12-year-old boy managed to escape, leaving his cousin, who the boy feared may also be seriously injured, and his two sisters at the Union Street home with Martinez. Emergency medical personnel soon arrived and transported the child to St. Joseph’s Hospital.
Less than 10 minutes after the injured boy ran into Mission Linen Supply for help, multiple Eureka Police Department officers responded to the two-story Union Street home. Officers announced themselves and directed Martinez to come to the front door. Martinez did not come to the front door of the residence. Rather, in response to the officers, he yelled out from an upstairs window, stating “No” and “I don’t give a f***, I got four of them up here with me.” The four people held hostage by Martinez included a 20-year-old woman, and three children: ages 12, 8 and 4 years.
Officers were gravely concerned for the welfare of the occupants, and after repeatedly knocking on the door and announcing their presence as Eureka Police Officers, they forced entry into the residence by kicking in the front door. They again announced their presence from the front entrance and observed fresh blood on the living room floor.
Officers entered the home and soon discovered a frightened teenaged girl alone in a downstairs bedroom. The interior stairwell leading upstairs to the second floor was barricaded with furniture and other items. Officers could hear Martinez’s voice and at least one other coming from upstairs. The girl was safely escorted outside, and officers made their way upstairs to a closed bedroom door.
Martinez was barricaded inside the upstairs bedroom, and based upon the available information at the time, officers believed he held at least two additional people inside, one of whom may be injured. At 6:06 a.m., a Crisis Negotiation Team (“CNT”) response was initiated, and one minute later an officer-initiated request for response by the Humboldt County Sheriff’s SWAT team was activated. While awaiting arrival of SWAT and CNT members, officers heard loud banging on the floors and walls, Martinez shouting, sounds as if furniture was being moved and what sounded like a pistol being manipulated. Officers learned that Martinez had at least one firearm registered to him.
At 8:00 a.m., a Ramey arrest warrant commanding the arrest of Martinez for committing felonious assault with a deadly weapon was issued by Judge Lawrence Killoran. SWAT team officers, accompanied by the primary and secondary negotiators of the six member CNT, responded in a Lenco BearCat vehicle to the Union Street residence to assist. By 8:30 a.m., SWAT officers relieved the Eureka Police Department officers. For the many hours to follow, negotiators and SWAT team members positioned themselves in an upstairs landing area just outside the bedroom wherein Martinez was located. They attempted to effectuate the safe release of the hostages and peaceful surrender of Martinez.
Shortly before noon, as negotiations were still underway, the bedroom door suddenly swung open, and a young adult female ran out of the bedroom. As she fled, Martinez lunged in an apparent attempt to grab her with one hand while holding a large knife in the other. She successfully escaped and Martinez quickly closed the door. Officers learned from her that one of the three children still held hostage by Martinez had a laceration to his neck, an injury inflicted by Martinez with a knife. Additional information regarding the layout of the room, including Martinez’s use of a mattress to barricade the bedroom door from inside, was obtained from the young woman.
The children held inside by Martinez could be heard repeatedly asking him for water. Negotiations continued. Then, a little over an hour after the young woman escaped, the bedroom door flew open again. A child with outstretched arms ran crying and screaming for help from the room. The child, who suffered a laceration to his neck, was immediately taken to receive emergency medical care. Negotiations continued and a few minutes later Martinez released the two remaining children. They had no apparent physical injuries. By 1:00 p.m., all hostages were rescued.
Following the hostage rescue, CNT members and mental health clinicians continued negotiation attempts to achieve the safe surrender of Martinez as he remained shut inside the bedroom. Minimal communication was received from Martinez; however, he requested water (which was provided), advised he was “going to die”, and that if he exited, he was going to kill those outside the door. Additional efforts were made to achieve Martinez’s safe exit and surrender, including assistance from those familiar with Martinez, such as Yurok Tribal Police Chief Greg O’Rourke who arrived and engaged in negotiations with Martinez starting at approximately 4:00 p.m. Nonetheless, the efforts did not gain Martinez’s compliance.
Shortly before 5:00 p.m., officers were directed by their superior, HCSO Captain B. Quenell, to breach the door to the bedroom wherein Martinez was barricaded. The door was successfully breached and swung wide open. Inside the bedroom, officers saw Martinez was pacing before he quickly fled and shut himself inside a closet.
Communication efforts continued, including with Sergeant Filippini who introduced himself to Martinez. Sgt. Filippini told Martinez, “We would like you to walk out so we can end this peacefully. If that is not an option, we are going to deploy something called a pepper ball into the closet. It’s going to make you very uncomfortable. I’d prefer we didn’t have to do that. Would you please come out with your hands up?” Chief O’Rourke, who encouraged his peaceful exit prior to breaching of the door, let Martinez know he was still there and for Martinez to come out and ask for him by name. Chief O’Rourke repeatedly encouraged Martinez to peacefully exit from the closet, spoke of Martinez’s strengths and courage, and pleaded with him to accept the help Martinez requested. However, Martinez remained in the closet.
At 5:03 p.m., Deputy Tyler Smith at the direction of SWAT Sgt. Filippini, deployed five pepper balls at a gap between the floor and bottom of the closet door. Additional SWAT team members present and ready with their assigned coverage included two officers with tasers, one with a rifle, and one “hands free” to effectuate efficient handcuffing of Martinez. Moments after the pepper balls were deployed, Martinez began coughing and expressed discomfort. Officers implored Martinez to exit the closet with statements telling him to “come on out, buddy”. Thirty seconds after pepper ball deployment, Martinez said “Okay” after an officer says “Yeah, come on out.” He’s told by another officer, “Empty handed, come on out, please.” However, he does not exit, and indiscernible words and yelling are heard coming from Martinez.
Just less than 90 seconds after deployment of the pepper balls, Martinez suddenly opened the closet door and charged the officers with a large knife in his right hand, raised above his head. An officer instantly announced, “He’s out” then warned the knife is “in his hands”. SWAT team member Deputy Johnathan Waxler, who was assigned to provide lethal coverage with his department issued MK18 .223/5.56 Daniel Defense Rifle, feared for his safety when Martinez charged at him with a raised knife from just a few feet away. Deputy Waxler fired rounds until Martinez fell to the ground and no longer posed a threat. Simultaneously, Deputy Colton Ross, assigned as the “hands free” officer, feared for his safety and his fellow officers, so he drew his department issued Glock 17 Gen 5, 9 mm pistol and fired multiple rounds at Martinez. Deputy Smith dropped the pepper ball launcher to take hold of his rifle and began to raise it as he feared Martinez was going to try and kill him or another on scene. He did not fire any shots. Fearing the deadly threat Martinez posed, Deputy Justin Pryor and Officer Kent Falkenstine, each being one of two officers equipped with a taser, immediately deployed their assigned taser. Sgt. Filippini experienced extreme fear for the lives of his teammates and himself based upon Martinez’s armed exit from the closet.
After Martinez fell to the floor, he still held the knife tightly in his hand. A large, serrated bread knife with a blue handle, was removed from Martinez and he was handcuffed. Emergency medical care was immediately provided, and he was transported to St. Joseph’s Hospital. Martinez succumbed to his injuries at approximately 5:29 p.m.
On February 26, 2024, Dr. James Olson, Forensic Pathologist, performed an autopsy on Martinez. A total of five (5) .223 projectiles, one of which was in pieces, and three (3) 9mm projectiles were recovered from the deceased. A blood sample taken from Martinez was tested by a forensic toxicologist. Positive findings of tested sample revealed the presence of ethanol, with a 0.017 blood alcohol concentration, as well as 240 ng/mL of amphetamine and 1100 ng/mL of methamphetamine. The cause of death, as determined by Dr. Olson, was multiple gunshot wounds to Martinez’s neck, thorax and abdomen.
Five (5) expended Hornady .223REM cartridges and four (4) 9mmLUGER+P cartridges were recovered from the shooting scene at the Union Street residence. Each of the cartridges was forensically examined by Senior Criminalist Dale Cloutier, California Department of Justice. The expended 9mm cartridges were determined to have been fired in the pistol used by Deputy Ross. The expended .223 cartridges were determined to have been fired in the rifle used by Deputy Waxler.
Subsequent investigation, including forensic interviews conducted by the Humboldt County Child Abuse Services Team, revealed the children rescued January 22, 2024, suffered extensive physical and emotional abuse while in the custody of Martinez. Multiple incidents of Martinez utilizing the large knife to threaten the children, damage their personal belongings and inflict injury upon them were disclosed. The children recovered from their physical injuries.
The Law
Under California law, an officer is justified in using deadly force when they reasonably believe, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person. Moreover, officers need not retreat or desist from their efforts due to resistance or threatened resistance.
Pursuant to Penal Code section 196, homicide committed by peace officers is justified when the peace officer’s use of force complies with Penal Code section 835a. Thus, the most pertinent law in this situation is Penal Code section 835a, which states the following:
- The Legislature finds and declares all of the following:
- That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.
- As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.
- That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.
- That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.
- That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.
- Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
(1) Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:
(A) To defend against an imminent threat of death or serious bodily injury to the officer or to another person.
(B) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.
(2) A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.
- A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other deescalation tactics.
- For purposes of this section, the following definitions shall apply:
(1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.
(2) A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
(3) “Totality of the circumstances” means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force.
Legal Analysis
On January 22, 2024, when Deputies Waxler and Ross discharged their firearms, they justifiably used deadly force because the deputies were confronted by a situation where they reasonably believed the use of deadly force was necessary to defend against an imminent threat of death or serious bodily injury, a threat posed by Martinez, armed with a knife.
Prior to law enforcement intervention on January 22, Martinez had assaulted two children with a knife causing significant lacerations to their necks, amongst other injuries, and made repeated threats of violence. During nearly 12 hours of extensive negotiation efforts by CNT personnel, with the assistance of family and community members familiar with Martinez, he was encouraged to safely surrender. He refused.
While on scene SWAT team members heard Martinez threaten to injure and/or kill his hostages, negotiators and officers. Moreover, a Ramey warrant based upon his violent felony assault against a child, was issued directing officers to arrest Martinez. Therefore, when Martinez rapidly exited the closet, raised the large knife above his head and charged officers they reasonably believed the use of deadly force was necessary to defend against Martinez, as he demonstrated the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officers. Thus, Deputy Ross and Deputy Waxler were legally justified in using deadly force to defend themselves, and others, against the imminent threat of death or serious bodily injury Martinez posed.
Conclusion
District Attorney Stacey Eads has concluded the shooting was legally justified, in that the actions of Deputy Waxler and Deputy Ross complied with California Penal Code Section 835a. Martinez’s family has been notified of her findings and legal determination.
https://www.eurekaca.gov/CivicAlerts.aspx?AID=147
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