Santa Barbara County District Attorney Joyce Dudley released two reports on Dec. 12 that found law enforcement used justifiable force in the unrelated shooting deaths of Jose Ortega on June 28 and Matthew Berg on July 2.
According to the DA’s office, the morning of June 28, Santa Maria police officers, Santa Barbara County Sheriff’s Department deputies, and state parole officers “teamed up to serve a drug and gang-related search warrant” on Ortega, a parolee-at-large facing arrest. Ortega was convicted in 2010 of participating in a street gang and committing domestic violence. He was sentenced to prison.
The officers were told in a briefing prior to the raid that Ortega, a.k.a. “Knuckles,” was an “enforcer” for the Northwest street gang and a suspect in a drive-by shooting. Evidence showed, the DA’s report said, that Ortega had been given permission from the gang to murder a “rival target,” and that Ortega was carrying a .38-caliber chrome revolver.
Law enforcement team leaders also said there was information that Ortega admired a former Northwest gang member who went to prison for a 2009 incident where he fired a gun at Santa Maria police officers.
In an interview with the Sun, District Attorney Joyce Dudley said that kind of information typically makes it into a report only if it came from a “knowledgeable and educated officer” who believed it was integral to the case.
“If it was weak information, it wouldn’t have made it into the report,” Dudley said.
The team planned to detain Ortega away from his known place of residence on West Ocean Avenue in order to protect the homeowner’s children.
Ortega was seen leaving the house in a red Acura Integra at 8:30 a.m. Some officers stopped the car in the 7-Eleven parking lot off of Bunny Avenue when Ortega jumped out of the passenger-side door and fled on foot.
Several officers chased Ortega, who then “pulled a .38 caliber handgun from his waistband and turned the weapon towards the pursuing officers,” the report said. “[The] officers, believing Ortega was going to shoot at them, opened fire.”
According to the report, two officers fired at Ortega. Another officer discharged his Taser, and a fourth officer drew his weapon but held his fire because there were pedestrians and cars in the area.
Dudley told the Sun, in her experience as an investigator, it’s normal to have officers react in various ways.
“Everyone who has a gun in his or her hand has a different perspective, and it’s not just because of their physical location but also the amount of knowledge and experience they have” in their careers and going into a situation, Dudley said.
Ortega was hit in the chest and abdomen by three rounds and died at the scene. Toxicology results from the autopsy showed the presence of amphetamine, methamphetamine, THC, methadone, and opiates in his blood.
The DA’s office determined the officers were justified in using deadly force and labeled Ortega’s death a justifiable homicide.
The report said, according to state law, “a police officer may use deadly force where the circumstances create a reasonable fear of death or serious bodily injury in the mind of the officer.”
Four days later, on July 2, Matthew Berg reportedly broke into a house in Los Olivos around 1 p.m. and stole some jewelry; the woman returned home while the burglary was in progress, causing Berg to flee. The victim called 911 to report the crime and her neighbor provided dispatch with the license plate number of Berg’s car.
Berg led Santa Barbara County Sheriff’s Department deputies on a high-speed chase along highways 154 and 101. Eventually, he entered the southbound off-ramp of Highway 101 and started driving the wrong way. At the Santa Ynez River Bridge, Berg got out of his car, looked over the railing, and went back to his car and opened his trunk, according to the report.
Deputy Jeremy Rogers found Berg on the bridge. According to the report, as Rogers approached, he made eye contact with Berg, who ran back to his car and reached into the driver’s seat. Rogers feared the suspect might be reaching for a weapon, so he got out of his car as fast as he could. Berg got into his car, turned the steering wheel toward Rogers, and accelerated, the report states.
Rogers fired his weapon eight times at the car—six into the windshield and two into the hood—until it stopped. The deputy exited his patrol car so quickly he inadvertently left it in drive. As he was shooting, the car rolled forward and collided with the suspect’s car. Berg was pronounced dead at the scene. The shooting was captured on Roger’s in-car video and on a civilian’s cell phone.
The autopsy found that Berg died from multiple gunshot wounds to the chest, arms, and right cheek. Toxicology results showed he had methamphetamine, nicotine, and caffeine in his system when he died.
According to the report, Berg had an extensive criminal record, which included convictions for petty theft, driving under the influence, and transporting marijuana.
The DA’s office found that, based on Berg’s actions, Rogers’ use of deadly force was justified.
New Santa Maria Police Chief Ralph Martin declined to comment in detail on both cases because they are still open. But he did tell the Sun that he will conduct an executive review of both shootings. He said executive reviews “are pretty standard,” and that he’s done approximately 100 such reviews in his career.
The department will also conduct an internal review of the tactics used in the incidents to see if they fall under typical policies and procedures.
“Whether an officer could benefit from additional training doesn’t mean the shooting wasn’t justified or that there’s been a violation of policy,” Martin said.
Added Dudley, “If I thought, beyond a reasonable doubt, that [an officer] committed homicide, and I had admissible evidence, I would have no problem charging an officer with homicide.”
This article appears in Dec 20-27, 2012.