Initial Report Clears Police in Fatal Shooting

A preliminary police investigation reviewing the action of two San Diego police officers who shot and killed a distraught man last weekend indicates the use of force was justified, a homicide lieutenant said Tuesday.

“From what I saw of the information gathered, I did not see any action in the shooting of Rogelio Munguia that was outside of department policy or outside of the law,” said Lt. Phil Jarvis, who headed the homicide unit’s investigation.

Munguia, 40, who lived in Southeast San Diego, was shot and killed by Officers Sylvester Wade and Sean Stoner when he lunged at one of them with a pair of scissors last Saturday following a family dispute.

Police Called for Help

Maria Munguia called the police for help when her husband allegedly threatened her and their three daughters.

According to Martin Zambrano, the victim’s brother, the widow is now consulting an attorney to file a civil suit against the police.

“Maria (the widow) told me she doesn’t want the police to get away with killing her husband. She wants them punished,” said Zambrano, of Southeast San Diego.

“The shooting took place minutes after the police arrived. They could have talked to him more, done something other than shoot him,” Zambrano said.

The homicide unit’s investigation was not designed to “draw a concrete conclusion,” Jarvis said. He said that task would be handled by the district attorney’s office.

“Our job was to gather the facts for the district attorney’s office to review,” Jarvis said.

Steve Casey, spokesman for the district attorney’s office, said: “When you’re handling an investigation like this, you really don’t know how long it’s going to take.

“We will review all the information given to us by the police and the coroner’s office, and if everything we need is there, we will be able to determine if the shooting was lawful or not. But if we need additional information, our decision will take more time.”

Officers Reassigned

Until the district attorney’s office concludes its investigation, Jarvis said, Officers Wade and Stoner will be assigned to administrative duties.

If the district attorney’s office decides to take no action in the case, the department will conduct two additional internal investigations to determine if Wade and Stoner followed police shooting policy.

Jarvis described Wade, a four-year veteran, as an “exemplary” officer, and said Stoner was relatively new to the department, with less than two years of experience. He said neither officer had been reprimanded previously for improper actions.

According to Jarvis, Wade and Stoner responded to a family disturbance Saturday at Munguia’s house on Carlos Street.

When they arrived, they found Maria Munguia and the couple’s daughters barricaded in a bedroom, and were confronted by Munguia, who wielded a pair of scissors.

Wade and Stoner sprayed Munguia with tear gas spray to disable him. When that failed, Munguia, who had recently lost his landscaping job, lunged at Wade with his scissors. Both officers fired at Munguia.

Jarvis said: “Under department policy and state law, an officer is allowed to fire to protect his own life, the life of another officer, or the life of a citizen.”