San Diego prosecutors have decided not to bring criminal charges in a high-profile October 2024 arrest in Valencia Park that left an unarmed man shot with beanbag rounds and bitten by a police K-9. The move comes after a civil lawsuit and an $875,000 settlement that put a harsh spotlight on the San Diego Police Department's use-of-force tactics and K-9 deployments.
DA Review Finds No Criminal Liability
The San Diego County District Attorney's Office wrapped up its review in February 2026 and concluded the officers involved "bear no criminal liability" for their use of force, according to FOX 5 San Diego. As summarized in the report, prosecutors said the evidence was insufficient to support criminal charges against the officers.
Video And Court Filings Lay Out The Arrest
A local videographer's footage, now cited in a public-records lawsuit, shows Marcus Evans stepping out of a Valencia Park home with his hands raised before officers fire multiple beanbag rounds and release K-9s that bite him, according to the First Amendment Coalition court filing. Those documents also state that the city "admits" officers shot three beanbag rounds that struck Evans and that a K-9 carried out a bite-and-hold during the arrest.
City Settled Civil Claim, But Records Stay Sealed
Evans and his attorneys settled a federal civil claim with the City of San Diego for $875,000, a deal the city council approved in September 2025, according to KPBS. Separately, the First Amendment Coalition is suing to force the city to release body-camera footage and other records that, according to the filings, the city has so far refused to disclose.
Prosecutors Point To Evidence And Prior Conviction
FOX 5 San Diego reports that the DA's review considered witness statements, the overall evidence in the case and Marcus Evans' criminal history before clearing the officers. According to that summary of the DA's report, Evans had a prior felony domestic-violence conviction, a factor prosecutors said influenced how they assessed potential criminal liability.
Clearance Ends Criminal Case, Not The Fight Over Transparency
The DA's decision closes the door on criminal charges for the officers, but it does not end the legal or policy battles. The First Amendment Coalition's lawsuit asks a court to order the city to turn over video and investigative files, and city oversight bodies are still reviewing K-9 deployment policy, KPBS coverage shows.
Advocates and Evans' attorney argue that the video and medical records, described in court filings, highlight why they want more public scrutiny of SDPD tactics. The DA's ruling ends the criminal review but leaves civil remedies and the public-records fight very much alive, with judges and oversight panels now in position to decide how much more scrutiny, and potential policy change, is coming. For residents of Valencia Park, the case remains a test of whether video, lawsuits and transparency laws can change how force, including K-9s, is used in San Diego.
