Press Release
FOR IMMEDIATE RELEASE
Date: 07/23/03

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Charles Arden

Santa Rosa, Sonoma County, California

NO CRIMINAL CHARGES FILED IN OFFICER INVOLVED SHOOTING

District Attorney Stephan R. Passalacqua announced today that his office has cleared Deputy Mark Fuston for his actions on December 3, 2002. On that date, the Windsor Police Department invoked the county critical incident protocol to investigate an officer involved shooting that occurred at the intersection of Brooks Road and Foothill Drive in Windsor, California. The Santa Rosa Police Department, with assistance from the Petaluma Police Department, handled the investigation.

The investigation established that Andrew Valencia posed a serious threat to Deputy Fuston and that Deputy Fuston was justified in firing his weapon. Mr. Valencia did not sustain life threatening injuries.

Deputy Fuston was on routine patrol on the night of December 3, 2002, at 9:15 p.m., when he saw a 1986 Oldsmobile with bright headlights tailgating another vehicle on Foothill Drive. He initiated a traffic stop on Brooks Road. Four people (two of whom were young children), were inside the car. He saw Andrew Valencia moving about the car, reaching under his seat and looking back. Deputy Fuston became concerned for his safety and the safety of the children in the car.

Deputy Fuston ordered Mr. Valencia out of the car, and to identify himself. Mr. Valencia exited the car and fled on foot. Deputy Fuston chased Valencia, who ran toward Windsor Middle School. Mr. Valencia then stopped, turned to his left, raised his left arm, concealed his right arm under the jacket and said, “I have a gun, too...” Deputy Fuston fired his duty weapon, striking Valencia, who fell to the ground. Deputy Fuston immediately radioed for help at which point several law enforcement officers responded. A subsequent search of the car that Mr. Valencia was in, revealed a loaded 9mm handgun under the front seat.

At the time of the incident, Mr. Valencia was on parole with California Youth Authority and a no-bail warrant had been issued for his arrest. Deputy District Attorney Charles Arden reviewed this matter for the District Attorney’s Office.