Fountain Valley officer cleared by D.A.’s office in fatal shooting

The Orange County district attorney’s office has determined that a Fountain Valley police officer did not commit a crime when he fatally shot a suspect in April.

Deputy District Atty. Chris Alex wrote in a letter Friday that Officer Shaun McKay was “doing his job in a reasonable and lawful manner” when he shot and killed Dean Kristian Genova, 45, of Corona. Authorities said Genova got hold of another officer’s handgun as police were arresting him in a Rite-Aid Pharmacy at 18395 Brookhurst St.

Though the district attorney’s office cleared McKay of unlawful behavior, Fountain Valley Police Chief Daniel Llorens wrote in a statement Tuesday that the Police Department is still reviewing whether the officer’s actions complied with department policy.

“It is our policy to conduct a thorough review of all uses of force by members of the department,” Llorens wrote. “This review is designed to ensure that our personnel have the equipment training and exposure to the most current best practices.”

Alex’s letter states that about 3 a.m. April 26, Genova told a friend that he wanted to see his ex-wife and that he would drive his father’s vehicle. Genova’s friend decided to drive but instead took Genova to Orange Coast Memorial Medical Center at Brookhurst Street and Talbert Avenue to have him evaluated.

Genova had a history of methamphetamine and prescription medication abuse, the letter states. He was living with his parents, who were aware of his substance issues, Alex wrote.

Genova also had been arrested previously on suspicion of public intoxication, driving under the influence, battery on a spouse, brandishing a replica firearm, possession of a controlled substance and other crimes, according to the letter.

At 3:37 a.m., Genova and his friend arrived at the emergency room at Orange Coast Memorial. About 15 minutes later, after he had finished filling out paperwork, Genova decided he did not want to seek medical attention and left, saying, “You’re all against me, shooting me with lasers,” according to the letter.

The night before, Genova’s parents had discussed sending him to a rehabilitation program, the letter says. After dinner, Genova had begun to hallucinate, claiming that he saw “lasers being pointed at him that were burning his face,” according to the district attorney’s office.

After leaving the hospital, Genova ran across the street with his friend in pursuit, the letter states. However, the friend lost sight of him.

At about 4 a.m., a Rite-Aid employee heard a loud noise and saw that the glass on the store’s north entry door was shattered. Genova entered the store through the broken door and the employee ran out through the south door, according to the letter. The employee went to the Ralphs supermarket next door and called police.

According to authorities, surveillance footage from Rite-Aid showed that Genova threw two concrete blocks to break the glass and was seen removing items from shelves and grabbing a fire extinguisher.

At 4:04 a.m., Fountain Valley police arrived at the Rite-Aid after receiving a call about a burglary in progress. Officer McKay was joined by officers Bill Hughes, Ben Rody and Mitchell Martinez and Sgt. Antonio Spangler.

Hughes used his canine partner to search the store. Genova revealed himself to police about 40 seconds after the dog was released, authorities said. He was standing on a ladder in the back of the store “with his hands in the air and a cellphone in his right hand as if he was surrendering,” according to the district attorney’s office.

Spangler, with his firearm drawn, asked Genova if anyone else was in the store. McKay, Hughes and Martinez also approached, McKay with his Taser drawn and Martinez with his handgun out. Genova went down the ladder and McKay and Martinez ordered him to get on the ground, Alex’s letter states. However, Genova walked away toward the back of the store, the letter says.

McKay and Martinez holstered their weapons and continued to order Genova to get on the ground. One of the officers grabbed Genova and wrestled him down. Hughes ordered the dog to bite Genova on his left leg, but Genova continued to resist, yelling for the officers to “kill him,” according to the district attorney’s office.

Genova bit McKay’s left forearm and grabbed Martinez’s handgun in its holster, the letter states. Martinez repeatedly ordered Genova to let go of the gun, but Genova tried to twist the holster toward the officer’s leg, Alex wrote.

According to the letter, Martinez punched Genova several times in an unsuccessful attempt to get him to release the gun. The officer yelled to McKay and Hughes that Genova “had control of his weapon,” according to the letter.

McKay fired one shot at Genova’s back and the suspect let go of Martinez’s gun, the letter says. The officers provided Genova with medical attention until Fountain Valley paramedics arrived at 4:16 a.m., authorities said. Paramedics said Genova was not breathing and had no pulse.

He was taken to UCI Medical Center in Orange but never regained consciousness and was pronounced dead at 5:05 a.m., the letter states.

The Orange County coroner’s office performed an autopsy on Genova the next day and determined that he died from the gunshot wound to the back. A toxicology report determined that he had ethanol, amphetamine, methamphetamine, hydrocodone and traces of pain-relief medication and an anti-depressant in his system, according to the letter.