The Orange County Sheriff’s Department (OCSD) in California has released shocking body-camera footage of a deputy shooting a man in the head at a Walmart in January after the man allegedly reached for a firearm while being detained.
The wounded, Ernest Paul Aguilar, 30, is recovering in jail and is charged with multiple felonies, “including assault on a peace officer and possession of a gun missing a serial number,” the Los Angeles Times reported. His bail has been set at $2.3 million.
Warning: The video below contains disturbing footage. Viewer discretion is strongly advised.
The incident occurred the night of January 19 at a Walmart in Foothill Ranch in Lake Forest, California, after officers were called to the scene at 9:40 p.m., said Ryan Anderson, sergeant of public affairs and community engagement for the OCSD, in the recently released “Critical Incident Video.”
The 911 caller, a loss prevention employee at the store who has not been identified, reported that two men with a “fake receipt” were “shopping around the store,” a 911 call released by the OCSD reveals. The caller noted that they were “grabbing high-ticket merchandise.”
Once at the store, deputies located the loss prevention employee, who pointed out a woman and man as the suspects, and told officers she would like to refuse service to the pair.
When the deputies approached the suspects and told them the loss prevention employee wanted them out of the store, the male subject told them they were “buying” as he held a handful of what appeared to be cash.
The woman who was with Aguilar told KNBC that he had $1,000 on him and intended to pay for the items. The outlet did not identify her by name.
“He was buying me toys and diapers for my children. Any time someone calls Ernie to help them out he’s willing to help them out,” she said.
The pair began walking out of the store when Aguilar went back to his carriage, while accompanied by Deputy 2, to retrieve what appeared to be his cellphone, the video purports to show.
“Alright come on,” Deputy 2 said after the man retrieved his item. “You got the receipt right there? Yeah, okay, stop stealing, let’s go.”
“Why are you doing this? You’re like 40 years old, and you’re still stealing, dude?” Deputy 2 asked as he walked the man towards the exit. “Get a job, let’s go.”
Seconds later, an officer, identified as “Deputy 3,” informed Deputy 2 that the subject had a “knife,” which appeared to be on the man’s waist. The man appeared to touch the knife, according to body camera footage.
“Don’t reach for it. Get your fucking hand off the knife,” Deputy 2 told the Aguilar.
“Deputies retrieved the knife and attempted to handcuff the man. The man resisted and a use of force occurred,” Anderson said. At that point, a civilian “attempted to assist the deputies during the use of force.”
Aguilar accessed a concealed gun during the use of force which led to the deputy-involved shooting, Anderson said.
“He’s got a gun, he’s got a gun. Shoot him, shoot him,” Deputy 1 said during the struggle. The comments were accompanied by the civilian stating “shoot him” repeatedly, body camera footage purported to show.
One of the deputies then shot Aguilar.
“Nice, nice, nice,” someone said immediately after the shooting, footage shows.
“We have confirmed through interviews that these comments were made by the civilian and not by one of the involved deputies,” Anderson said.
“I’m dying,” the subject seems to say.
“Subject’s going to have a gunshot wound to his head,” Deputy 2 said as he radioed for help.
The man was transported to a local hospital and is recovering from the shooting, Anderson said.
“He has been booked into the Orange County Jail on outstanding warrants,” Anderson added. “Additional charges related to the incident may be forthcoming.”
The Orange County Prosecutor’s Office is investigating the deputy-involved shooting.
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