Suspect fled from car, claimed to have concealed
gun
by BARRY W. DUGAN, Managing Editor
Windsor Police Officer Mark Fuston was justified in firing his
weapon at a fleeing suspect last December because the man posed a
serious threat to the officer and acted as if he also had a weapon,
according to investigators looking into the officer-involved
shooting.
The Sonoma County District Attorney’s office announced last week
that its investigation of the incident was complete and that no
criminal charges would be filed against Fuston.
“The conclusion is the officer acted in self defense,” said
Assistant District Attorney Greg Jacobs. “Just as a citizen has the
right to act in self defense if they feel their life is threatened,
so does a police officer have that right. And he has the right to
protect other citizens.”
The suspect, Andrew Valencia, 21, of Santa Rosa, was shot five
times in the incident but did not sustain life-threatening
injuries. He remains in custody on a variety of felony charges,
several stemming from the Dec. 2002 traffic stop, according
Jacobs.
Fuston was on patrol at 9:15 p.m. on Dec. 2 when he stopped a
1986 Oldsmobile on Brooks Road South because it was following
another car closely with bright headlights. Four people were in the
vehicle, including two children. Valencia was in the passenger seat
and when Fuston approached the car the suspect appeared to be
reaching under the seat and looking back.
Deputy Fuston ordered Valencia out of the car and told him to
identify himself. Valencia got out of of the car and fled in the
direction of Windsor Middle School. According to the District
Attorney’s investigation, Valencia stopped, raised his left arm and
concealed his right arm under the jacket and said, “I have a gun,
too … .”
Fuston fired his gun at Valencia, who was wounded and fell to
the ground. During a search of the car, police found a loaded 9mm
handgun under the front seat.
Valencia, who was on parole at the time and wanted on a no-bail
warrant, faces five counts of attempted murder, unrelated to the
December, 2002 incident. One of the attempted murder charges stems
from a shooting in Windsor in February of last year.
Jacobs said two other felony charges are pending from the
December 2002 incident, including being a gang member in possession
of a concealed weapon.
Toxicology test showed that Valencia had methamphetamine and
marijuana in his system at the time of the incident, said
Jacobs.
Windsor Police invoked the county’s critical incident protocol,
which involves an independent investigation of any officer involved
shooting. The Santa Rosa Police Department, with help from the
Petaluma Police Department, handled he investigation, separate from
the District Attorney’s review.
Windsor Police Chief Paul Day said “I’m pleased that Mark was
cleared in the shooting. “It’s important that the investigation and
the District Attorney’s review came to the same conclusion.”
He said Fuston has returned to duty. It is the second
officer-involved shooting in which he has been involved. The first
was in 2000.
“Most of us will go through a 25-30 year career and never fire
our gun, expect on the range,” said Day. “Mark has had two
incidents in a comparatively short time. The odds against that are
tremendous. It’s the luck of the draw.”
Day said Fuston is “back at work and doing well. It’s an
incredibly stressful situation on the officer and his family.”
