California Department of Justice Releases Report on Officer-Involved Shooting of David Couch III

OAKLAND — California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on David Couch III’s death from an officer-involved shooting in Redding, California on February 9, 2023. The incident involved an officer from the California Highway Patrol (CHP). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.
 
“We acknowledge that this incident has caused grief for those impacted, including Mr. Couch’s family, the law enforcement agencies involved, and the wider community,” said Attorney General Bonta. "The California Department of Justice is committed to working in partnership with all law enforcement agencies to ensure that we uphold a legal system that is not only fair and transparent but also accountable to the residents of California. We believe that it is our duty to foster trust within our justice system, and we will strive to ensure that the rights and dignity of all individuals are respected and protected.”
 
On February 9, 2023, CHP responded to a 911 call alerting law enforcement to a man brandishing a rifle out of the driver’s side window of a white Ford sedan. The white sedan was registered to Mr. Couch and was located at his home address. A CHP officer arrived, had his firearm drawn, and asked Mr. Couch to put his hands up. Mr. Couch refused to comply with the officer’s commands and instead, engaged the officer in a fight. The officer attempted to use his taser which had no effect on Mr. Couch. During the struggle, the taser fell to the ground, and Mr. Couch retrieved it. Mr. Couch pointed the taser at the officer and was fatally shot. Mr. Couch did not succumb to his injuries until February 17, 2023 at the hospital. 
 
Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officer. As such, no further action will be taken in this case.
 
As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. The first recommendation is that CHP implement training on when to request and wait for backup before engaging in a high-risk traffic stop. The second recommendation is that CHP provide additional training on operational safety tactics when engaging in high-risk stops, including using time, distance, and cover and evaluating the safety risks related to holding a firearm while deploying a taser or attempting to handcuff an individual. The third recommendation is that CHP post online its policies, practices, operating procedures, and education and training materials.

Here is a copy of the report.