A Deputy Killed, A 150-mph Chase, and An Off-Duty Cop’s Dramatic Action

Introduction to the Incident

As the motorcyclist reached speeds of nearly 150 miles an hour, tailed by a phalanx of police cars on the 210 Freeway, he was putting distance between himself and the home where, according to authorities, he had just shot and killed a sheriff’s deputy. With viewers watching on live television Monday afternoon, he easily evaded a motorcycle officer who tried to stop him. He appeared to lift both hands off the handlebars as he pulled the slide back on a gun.

The Pursuit and Capture

His attempt at a quick escape ended when he plowed into a gray Toyota Camry, flipping over the front of his bike and launching him at least 10 feet in the air. It quickly emerged that the driver of the Camry was a San Bernardino County narcotics deputy who was off duty when the pursuit started, went back on duty and deliberately swerved into the motorcyclist, later identified as 47-year-old Angelo Jose Saldivar. Saldivar was captured by television cameras sitting up on the pavement before being airlifted to a hospital, where he was in stable condition Tuesday. He is expected to be charged in the coming days in the death of San Bernardino County Sheriff’s Deputy Andrew Nunez, 28, who had worked for the department for six years and leaves behind a 2-year-old daughter and a pregnant wife.

Justification of the Use of Force

Three policing experts told The Times that the deputy who ended the pursuit was probably justified in using deadly force because the motorcyclist was a suspect in a homicide and posed a threat to the public. “In this case, they could have shot or used whatever means necessary to prevent further injury or loss of life without harming others,” said Greg Meyer, a use-of-force expert and a former captain with the Los Angeles Police Department. It’s unclear how the deputy got involved in the pursuit or when he notified the department he was back on duty. Many law enforcement officers carry their handheld radios off duty and turn them on if there’s police activity nearby, Meyer said.

The Events Leading to the Pursuit

Nunez was among the deputies who responded to a domestic violence call at 12:37 p.m. at a condominium on Hollyhock Drive in Rancho Cucamonga, where a man with a gun was reportedly threatening a woman. When deputies arrived, Saldivar immediately opened fire and struck Nunez in the head, killing him, according to sheriff’s officials. Sheriff’s officials did not provide more information on Tuesday about the domestic violence call that brought deputies to the condominium. San Bernardino County Superior Court records show that Saldivar and his wife finalized a divorce in August.

Legal Precedent and Department Policy

Ed Obayashi, a Modoc County sheriff’s deputy and legal advisor to police agencies, said that although it’s “highly unusual” for an off-duty deputy to intervene in a high-speed chase, his actions probably fall within established legal precedent. In April 2007, the U.S. Supreme Court ruled in favor of a deputy in Georgia who terminated a high-speed pursuit by pushing his bumper against the back of the other car, causing it to drive off the road and crash. The suspect, who was left a quadriplegic, sued, alleging that excessive force had deprived him of his Fourth Amendment right against unreasonable seizure. The justices held that the man’s flight from police created a substantial and immediate risk of serious physical injury to others and that the deputy’s attempt to terminate the chase was objectively reasonable.

Conclusion

The dramatic events that unfolded on the 210 Freeway, culminating in the capture of Angelo Jose Saldivar, highlight the complexities and dangers of high-speed pursuits and the use of force by law enforcement officers. As the investigation into the death of Deputy Andrew Nunez and the actions of the off-duty deputy continues, it is clear that the situation posed a significant threat to public safety, and the actions taken were likely justified given the circumstances.

FAQs

• Q: Who was the deputy killed in the incident?
  A: San Bernardino County Sheriff’s Deputy Andrew Nunez, 28.
• Q: Who was the suspect in the deputy’s killing?
  A: Angelo Jose Saldivar, 47.
• Q: How did the pursuit end?
  A: The pursuit ended when Saldivar’s motorcycle collided with a Toyota Camry driven by an off-duty San Bernardino County narcotics deputy.
• Q: Is the off-duty deputy’s use of force considered justified?
  A: According to policing experts, yes, given the suspect was a homicide suspect and posed a threat to the public.
• Q: What legal precedent supports the deputy’s actions?
  A: The U.S. Supreme Court ruling in favor of a deputy in Georgia who terminated a high-speed pursuit in a similar manner.