CHP officers found justified in April's fatal Highway 101 shooting in San Mateo

Thursday, July 20, 2017
SAN MATEO, Calif. (KGO) -- The San Mateo County District Attorney's Office says three CHP officers were justified in their use of lethal force in an April 28 shooting on Highway 101 at Highway 92.

For the first time, the DA's Office is sharing CHP dashcam video of the fatal officer-involved shooting. It's video you'll see only on ABC7.

WARNING GRAPHIC CONTENT: Dashcam footage shows fatal shooting on Hwy 101
VIDEO: Dashcam footage shows fatal police shooting in San Mateo


The shooting happened on a Friday night during the busy rush hour commute on the northbound side of Highway 101.
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San Mateo County District Attorney Steve Wagstaffe says the suspect, 25-year-old Luis Fernando Pacheco-Orozco, was holding a gun as commuters drove by.

"He had been both drinking heavily and using methamphetamines. He was acting like a meth freak," said Wagstaffe.
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Moments earlier, officials say Orozco had crashed into Mary Ybarra's vehicle, pointed the gun at her, and demanded her keys. She complied and then called 911.



Three CHP officers ordered Orozco to drop the gun more than 60 times in English and Spanish.

RELATED: Suspect dead in San Mateo officer-involved shooting

"There were people on the other side of the sound wall who heard the yelling repeatedly of 'drop the gun drop the gun,'" said Wagstaffe, explaining how loud the commands were.

"Just before pointing the gun at officers, he actually raises it up as if he's visually inspecting whether or not he has a live round in the chamber," said Inspector Rick Decker with the DA's Office.
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When Orozco pointed the gun at officers, all three shot. The Wagstaffe says there were five shots, two of which fatally wounded Orozco.

"I think they showed a great deal of restraint for what was essentially a prolonged standoff," said Decker.



Wagstaffe added, "They did it the way we want it to happen."

Decker says Orozco's gun was loaded with a live round in the chamber and it was a stolen gun.

Click here to read the letter from District Attorney Steve Wagstaffe to Captain James Allen.

Click here to read the San Mateo County District Attorney's Office statement on the investigation.
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