Press Release
FOR IMMEDIATE RELEASE
Date: 08/31/06

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Assistant District Attorney Larry Scoufos Deputy District Attorney: Scott Jamar

Santa Rosa, Sonoma County, California

PETALUMA OFFICERS CLEARED IN SHOOTING OF SUSPECT

District Attorney Stephan Passalacqua announced today that the investigation into the death of James Anthony DeCosta has been completed by his office. It was concluded that the involved police officers acted appropriately.

On October 1, 2005, Petaluma police officers assisted the Sacramento Police Department and the California Department of Justice in serving a $100,000 arrest warrant for DeCosta, who had pending charges for sexual assault against three children, ages 4, 6, and 10.

He was located in the city of Petaluma, after leaving a local gym in a vehicle. After a pursuit by several officers during the course of approximately one mile, DeCosta ultimately stopped his vehicle. Prior to stopping, he appeared to be reaching for something in the interior of the car. When DeCosta exited the vehicle he raised a firearm in the direction of the police officers. Officers ordered him to "drop the gun," and when he continued to point the firearm at several of them, five officers fired their service weapons at him in response. After being struck, he appeared to bend at the waist and then raise the weapon again at the officers. Several more shots were fired by the officers. DeCosta died of multiple gunshot wounds.

The Petaluma Police Department invoked the county-wide Employee-Involved Fatal Incident Protocol and the investigation was turned over to the Santa Rosa Police Department as the lead investigating agency. The Sonoma County Sheriff’s Department assisted in the investigation.

During the course of the investigation, DeCosta’s son was interviewed and stated that his father had advised him that he was facing several allegations of child molestation and was not going to be taken alive. He stated that he would, "go out on his own terms." It was also determined that the firearm DeCosta brandished was inoperable due to a jammed round.

After reviewing the investigative reports and the statements of witnesses, the District Attorney’s Office has concluded that the involved officers were reasonable in believing that they and their fellow officers were in imminent danger of being killed and were reasonable in believing the immediate use of deadly force was necessary. Under these circumstances, their response to Mr. DeCosta’s actions were determined to be justified under the law.