OXNARD : Police Inquiry Clears Officer in Shooting

An internal investigation into the shooting of a 60-year-old man by an Oxnard police officer last week has so far shown that the officer acted within departmental policy, authorities said Monday.

Meanwhile, the condition of Ubertino O. Ayala has been upgraded from critical to serious at St. John’s Regional Medical Center, a hospital spokeswoman said.

Ayala was shot outside his house in the 100 block of Featherstone Street by Officer Ken Dellinger about 10 p.m. Thursday, police said.

The investigation has shown that police responded to a call that Ayala was brandishing a gun, Oxnard Police Sgt. Denny Phillips said.

Dellinger approached Ayala, who had a gun in his waistband, Phillips said. When Dellinger was less than 10 feet away from Ayala, Ayala pulled out the gun and Dellinger told him to drop it, he said.

Then Ayala began squeezing the trigger, Phillips said. Dellinger then fired his weapon at Ayala.

“Based on that, my belief is the officer acted correctly,” Phillips said.

Ayala’s gun was later found to be loaded but there was no round in the chamber, Phillips said.

The officer was placed on one day of administrative leave. He is taking some time off. However, he is eligible to return to work, Phillips said.

Family members said Ayala, whom they described as slightly drunk, went to a corner in his front yard to urinate behind a bush and was surprised by the officer. One family member said Ayala had nothing in his hands at the time.

When the Police Department completes its investigation, the results will be forwarded to the district attorney’s office for further investigation.