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:
[Ednote:[Ednote:Read it at this link.]
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.
