Officer Cleared in Bar Shooting

A San Diego police officer was legally justified in fatally shooting a man who had thrown a bottle of beer at the officer’s partner, even though it was “regrettable” that lethal force was used, the district attorney’s office ruled in a report released Tuesday.

Roberto Sanchez Contreras was killed May 3 at the Lomita Club on Imperial Avenue after the bar owner called 911 and told police he was causing a disturbance at the bar. The owner, Mercedes Rodriguez, said Sanchez was “breaking things up.”

When officers Kevin McNamara and William Lundy entered the bar, they said Sanchez picked up a bottle of beer, poured it over his head, and smashed it on the floor. He appeared agitated, the officers told investigators.

The officers told Sanchez to keep his hands up and to come out from behind the bar. When Sanchez stood up and threw two bottles of beer at the police, McNamara drew his pistol, the report says.

Lundy fired a Taser at Sanchez, who did not seem to be hurt by the darts, so Lunday said he fired a second time.

Sanchez, the officers said, threw another bottle of beer at Lundy. McNamara thought it hit his partner in the head or shoulder.

“I can see officer Lunday through my peripheral vision trying to block the bottles,” McNamara was quoted as telling investigators. “(Sanchez) then picked up another bottle, cocked it over his head and looked at me like he was going to throw it. I thought he was going to throw the bottle at Officer Lundy and I fired one shot at the suspect.”

Lundy said he had been grazed in the side of the head with the bottle.

Rodriguez told investigators she saw no reason for officers to shoot Sanchez because he had not assaulted them. She also said she didn’t see Sanchez throw any bottles, despite the floor being littered with broken glass.

Detectives found her statements “self-contradictory and inconsistent.”

The district attorney’s office said McNamara was justified in shooting Sanchez after he threw a beer bottle.

“A beer bottle used as a weapon is capable of inflicting great bodily injury,” Dist. Atty. Edwin Miller wrote.

McNamara “was not unreasonable when he responded with deadly force. He bears no criminal liability for his actions.”

Still, Miller found, “we do find it regrettable that this incident could not have been handled without resorting to the use of lethal force.”