Officer shoots man who flees traffic stopby

Suspect repeatedly told officer he had a gun — weapon
found in car
by BARRY W. DUGAN -Managing Editor
The 21-year-old Santa Rosa man who was shot and wounded by a
Windsor Police officer last week is also the prime suspect in a
point-blank shotgun attack that occurred last April on Old Redwood
Highway.
Andrew Allen Valencia, 21, was shot five times last Tuesday
night near Windsor Middle School after he fled from police
following a traffic stop and repeatedly told Officer Mark Fuston
that he had a gun, according to police investigating the
incident.
Police said Valencia, a known gang member, had been wanted on a
no-bail warrant since July of 2001 when he violated his parole by
removing an electronic surveillance bracelet. Valencia was
originally convicted for a “life-threatening violent crime” which
he committed as a juvenile, according to Santa Rosa Police
Commander Scott Swanson.
The Santa Rosa Police Department, Petaluma Police Department and
the Sonoma County District Attorney’s office are investigating the
incident under a countywide protocol used when a police officer is
involved in such an incident. It is intended to avoid conflicts of
interest, said Swanson.
On Friday, Swanson issued a detailed, five-page report on the
incident, which is still being investigated.
The incident took place last Tuesday, Dec. 3 at 9:12 p.m. when
Officer Fuston made a traffic stop on an Oldsmobile at the corner
of Brooks Road South and Foothill Drive. The driver, Nichole
Salinas, 23, of Windsor, was driving with her high beams on and
following another car too closely. In the car were her two children
and Valencia.
During the stop, Salinas could not produce a driver’s license
and was behaving as if she was under the influence of drugs,
according to Swanson’s report. Fuston called for assistance from
another officer to determine if Salinas was under the influence of
a controlled substance. She later told police she had taken
methamphetamine earlier in the day, according to Swanson.
Fuston told investigators that during the traffic stop, he saw
Valencia repeatedly look back at him and could be seen reaching
under the front passenger seat of the car, where he was seated.
Police later found a loaded, semiautomatic pistol under the
seat.
At that point, Fuston handcuffed Salinas and put her in his
patrol car and went to speak with Valencia. He would not identify
himself, said Swanson, and was verbally abusive and would not keep
his hands in plain view as Fuston had requested, according to
police.
When Fuston attempted a pat search, Valencia fled northbound
toward the Windsor Middle School parking lot. As Fuston pursued him
and shouted for him to stop, Valencia shouted back that he too “had
a gun” according to Swanson.
“Witnesses saw him act like he had a gun, and he said he had a
gun,” said Swanson.
According to Fuston and other police who were on the scene,
Valencia made a distinct motion to simulate pointing a gun under
his clothing. While doing that, he used an obscene expression that
he had “a gun.”
“Deputy Fuston believed that he was under a direct threat of
deadly attack,” according to Swanson’s report.
Fuston fired seven shots, with five striking Valencia. Even
while he was laying prone in the parking lot, Valencia kept his
right hand hidden from view and still shouted that he had a gun,
according to police.
“Deputy Fuston and other arriving deputies potentially risked
their safety by continuing to try to engage Mr. Valencia in
dialogue, did not discharge their firearms, and called for
ambulance while Mr. Valencia still would not surrender,” according
to the SRPD report.
Ultimately, Valencia did surrender and he did not have a
gun.
Police are trying to determine a motive for Valencia’s behavior.
“That’s what we are asking ourselves,” said Swanson.
Tests to determine whether he was under the influence of drugs
or alcohol will take several weeks. The gun found under the seat of
Salinas’ car was sent to a state crime lab Monday for analysis.
During the time police were chasing Valencia, Salinas’
4-year-old son, who was in the car during the traffic stop, walked
to the police car and let her out. Witnesses saw her drive away
from the scene and police found her several blocks away at her
residence in the 9400 block of Jessica Drive where she attempted to
hide. Neither her or her children were injured in the incident.
Salinas was arrested on suspicion of being under the influence
of a controlled substance and escaping from custody.
Valencia is in custody for violation of parole, according to
Swanson’s report. After being treated for his gunshot wounds,
Valencia was returned to Sonoma County Jail where he remains
without bail, said Swanson.
The Sonoma County Sheriff’s Department is continuing the
investigation into the April, 2002 shooting in which Valencia is
the main suspect, said Swanson.
In that incident, a man answered the door of his Old Redwood
Highway apartment and was shot in the chest with a shotgun. He
survived the shooting. One suspect was apprehended, but the second
susepct was never arrested, police said.
Officer Fuston has been placed on paid, administrative leave
while the incident is being investigated, according to Windsor
Police Chief Paul Day.