Officer Who Fatally Shot Man Returns to Duty

The police officer who fatally shot a young man in his driveway in Westminster on July 15 has returned to work, Police Sgt. Andrew Hall said Friday.

The officer and two others involved in the incident have been cleared to return to duty by a clinical psychologist and Police Chief James Cook, Hall said. However, the officers will not go back on patrol in the Sigler Park neighborhood where the controversial shooting occurred, Hall added.

“They’ll remain out of that immediate area for the time being, but we don’t know how long,” said Hall, the chief’s assistant.

Frank Martinez, an 18-year-old Westminster High School student, was shot and killed by police in his driveway after he and several others allegedly attacked the three officers, who were pursuing a kidnaping suspect.

Police said Martinez struck one officer with a bottle and charged at another officer, who pulled his revolver and shot him. But family members disagree with the police account and say other relatives were trying to rescue Martinez and his older brother from police when Martinez was shot.

The Martinez family has hired an attorney, but he could not be reached for comment Friday.

As with all officer-involved shootings, the Orange County district attorney’s office is investigating the case to determine if any criminal charges should be brought against the police officer. The results will not be available for another four to six weeks, authorities said.

The names of the officers involved are being withheld for their protection, Hall said.