Juan Adrian Garcia was shot Oct. 5 on Highway 221 at Kaiser Road in Napa. He died the next day.
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Sheriff John Robertson called the video tragic and graphic. He identified the officer involved in the shooting as Sergeant David Ackman.
Robertson said Garcia was pulled over because his car did not have its headlights on. The Sheriff says Garcia stopped driving and threw his cellphone over the roof of his vehicle.
The sheriff says Garcia got out of the car and initially placed his hands behind his back, appearing to surrender, but then didn't comply. Robertson says Garcia walked towards the deputy.
"The sergeant backed several feet past the rear portion of his patrol vehicle as Mr. Garcia ignored several verbal commands to stop and continued to advance on Sergeant Ackman, with his hand tucked behind his back." said Sheriff Robertson. "As Mr. Garcia's pace
increased, perceiving a deadly threat, Sergeant Ackman fired six shots at Mr. Garcia. All six shots struck him."
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In a written statement, Napa County Sheriff's officials said Garcia was five times in the torso and once in the leg.
Napa County Sheriff's Deputies arrived at the scene and gave CPR and first aid to Garcia before he was rushed to Queen of the Valley Medical Center where he died the following night around 8:30 p.m., the statement said.
In the video, Ackman can be heard repeatedly telling Garcia to stop, while stepping backwards with his gun drawn.
Garcia was unarmed at the time of the shooting.
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The Sheriff said Garcia had been arrested multiple times for driving while intoxicated, though the sheriff's department says it did not have any previous contact with Garcia. Robertson said he had a blood alcohol level of .33% when he was arrived at the hospital. In California, it is illegal for anyone to operate a vehicle with a blood alcohol level of .08% or higher.
"Sadly, there are questions about this case that may never be answered," said Robertson.
Ackerman. who has worked for Napa County for 31 years and is a 21-year veteran of the Napa County Sheriff's Department, has been put on paid administrative leave.
The incident is being investigated by the Major Crimes Task Force, which includes the Napa County District Attorney's Office, Napa County Sheriff's Office, and Napa Police Department.
Garcia leaves behind a wife and three children. Robertson said he met with the family today.