Newport Beach officer ‘justified’ in April fatal shooting of knife-wielding man, DA’s office says

A Newport Beach police officer who shot and killed a knife-wielding man in April while responding to a report of domestic violence will not face criminal charges, the Orange County district attorney’s office announced Friday.

Investigators determined there is “overwhelming evidence” that Officer Matthew Biagi’s actions were “reasonable and justified” when he shot Newport Beach resident David Airth, according to a letter from the district attorney’s office to Newport Beach Police Chief Jon Lewis.

Airth, 56, who had bipolar disorder, began displaying signs of persistent manic behavior in early March, which worsened at night, according to the letter.

On April 15, the power in Airth’s neighborhood went out, increasing his distress, the letter states.

The deadly shooting scenario unfolded shortly after 9 p.m. that day when Biagi responded to a domestic violence call at Airth’s home in the 200 block of 61st Street.

The letter says Airth had entered his kitchen naked while his wife was washing dishes, grabbed her arm and struck her on the head with a pan.

A neighbor called police after Airth’s wife ran out of the house screaming for help.

“He’s got a knife right now … he’s out here waving a knife,” the neighbor told 911 dispatchers.

When officers arrived, Airth was standing outside his house with a 10-inch butcher knife in “attack position,” according to the letter.

Biagi had his gun drawn and ordered Airth at least five times to drop the knife and at least twice to get on the ground. Neighbors told investigators that Airth initially complied but got up suddenly, grabbed the knife and charged at the officer, authorities said.

Biagi fired at Airth four times. Airth died at 10:03 p.m. at Orange County Global Medical Center in Santa Ana from gunshot wounds to the neck and torso, according to the Orange County coroner’s office.

The district attorney’s office investigated the case, as is typical for Newport Beach officer-involved shootings.

Biagi declined to provide a statement to investigators but told fellow officers at the scene that he believed Airth was about to throw the knife at him, authorities said.

“A jury analyzing these facts would justly conclude that it was reasonable for Officer Biagi to believe that his life, and the lives of others, were in danger, and he was justified when he shot at Airth,” the letter states.

hannah.fry@latimes.com

Twitter: @HannahFryTCN