Officers Who Shot Man Cleared of Wrongdoing

Police officers who were involved in the fatal shooting of a homeless man last May have been cleared of any wrongdoing, according to a statement released Thursday by the Orange County district attorney’s office.

Robert Vargas Duarte, 58, was shot on the afternoon of May 4 while sitting with a companion near some bushes next to a doughnut shop. Police officers concluded that the men were using drugs, identified themselves and drew their weapons.

“At this point one of the subjects made a springing motion toward the officers, possibly consistent with either reaching up for or swatting at one of the officer’s guns,” according to the district attorney’s statement. “Recoiling, and in a reflex action, the officer’s gun immediately discharged, killing Robert Vargas Duarte with a single shot.”

Based on its investigation, the district attorney’s office concluded that “there is insufficient evidence to establish criminal culpability” on the part of the police officers.

Social workers and Duarte’s friends expressed shock after the shooting, describing the victim as a quiet man who “minded his own business.” While friends said Duarte was addicted to heroin and cocaine, they believed he could not have provoked the attack.

The shooting drew the attention of homeless advocates who have been opposed to strong law enforcement tactics by Santa Ana police against the homeless. Previous police actions resulted in lawsuits by the homeless against the city.