ANAHEIM, Calif. (KTLA) — An Anaheim police officer will not face charges in the fatal shooting of an unarmed man that triggered weeks of protests.
Officials say Bennallack was on gang-enforcement patrol when he pulled up to a small group of men that included Diaz.
Officers say that Diaz, a convicted gang member, ran.
The officers chased him down an alley and into the front yard of an apartment house.
At that point, Bennallack fired two shots, one hitting Diaz in the back-right side of his head, the other hitting him in his right buttock, according to District Attorney Tony Rackauckas.
Bennallack said in a statement to investigators that he fired because he thought Diaz had a gun and was about to shoot at him and his partner.
Diaz was unarmed, but investigators found his cell phone nearby.
Online court records show Diaz was convicted last year of drug possession, and three years earlier of possessing a firearm on school grounds and being a member of a criminal street gang.
Diaz’s mother has filed a $50 million lawsuit against the city.