The California Department of Justice has decided it will not pursue criminal charges against San Diego Police Department officers who shot and killed John Romero in December 2022, effectively closing the door on any state criminal prosecution in the case. The move caps a lengthy AB 1506 review and is likely to keep local debates over police use of force simmering in City Heights and beyond.
On December 8, 2022, officers were called to the 4200 block of Central Avenue in City Heights after a 911 caller reported a man holding a gun to his own head. When officers found Romero near a parked car, he told them to “shoot me” and moved toward them, according to a report from the Attorney General’s office. Officers first fired a less-lethal beanbag round. Romero then ducked behind a vehicle, stood up and raised what officers believed was a handgun. It was later determined to be an airsoft gun with no markings to distinguish it from a real firearm, according to 10News.
What AB 1506 Requires
Under Assembly Bill 1506, the California Department of Justice must investigate officer-involved shootings that result in the death of an unarmed civilian and then publish a report detailing its findings and legal analysis. Those investigations are handled by the DOJ’s California Police Shooting Investigation Team, which is tasked with reviewing evidence and issuing conclusions about potential criminal liability or recommended policy changes, as outlined by the California Department of Justice.
What the State Report Says
In Romero’s case, the DOJ concluded that criminal charges were not warranted because the officers acted in self-defense and at least one officer believed he had been fired upon and was returning fire. In releasing the report, Attorney General Rob Bonta stated, “Loss of life is always a tragedy. AB 1506 is a critical transparency and accountability tool,” and the department said it would take no further action in the case, according to 10News.
What Happens Next
The DOJ’s decision ends the state’s criminal review but does not rule out other fallout. Administrative reviews, internal discipline, policy changes or civil claims can still follow in the wake of an AB 1506 investigation. Local inquiries and any potential departmental discipline involving the shooting are handled by the San Diego County District Attorney’s Special Operations Division and San Diego Police Department internal affairs, according to the San Diego County District Attorney's Office.
