Facts

On Nov. 19, 2019, the San Bernardino County Sheriff's Department ("SBSD") responded to a 911 call from a neighbor reporting that Jacob Cato was armed with a gun and had fired several rounds at the neighbor's trailer. Arrest and search warrants were obtained for Cato and deputies were briefed regarding a call with Cato the day prior and the officer safety information related to Cato's association with anti-law enforcement groups and access to firearms. Multiple shots were heard from the area of Cato's residence and there were reports that Cato shot at a SBSD helicopter. Cato did not comply with multiple orders to surrender and dropped a black bag in the driveway, which deputies believed could be an explosive device. Cato entered a white pickup truck, created a blockade in the road, and placed a propane tank near the vehicles. Officers saw Cato exit the residence and grab pipes from his garage, and they heard a drilling sound. Deputies believed Cato was making a pipe bomb or other explosive device.

Additional SBSD Specialized Enforcement Division ("SED") personnel responded, including defendant McCarthy, who was briefed and deployed as part of a long rifle team. The Crisis Negotiation Team spoke twice with Cato to negotiate a surrender, but Cato did not surrender or comply. Cato exited the residence wearing a hoodie and balaclava mask with a gun in his hand. He took a shooting stance and aimed his handgun at SED rifle team members defendant McCarthy and Corporal Greg Gary, who were positioned on a hillside approximately 300 yards from Cato's residence. Defendant McCarthy believed that Cato posed a threat to their lives and that he saw Cato fire one round from his handgun. Corp. Gary believed he saw a muzzle flash from Cato's handgun, and others heard two distinct shots close together. Defendant McCarthy fired one round, and Cato dropped the gun and fell onto his back.

Bomb and Arson Detail cleared the property of any potential explosives before medical personnel approached Cato to render medical aid, and pronounced him deceased. The autopsy of Cato found that the shot perforated his lower lung but did not hit his heart or any major arteries. Toxicology evidence demonstrated that cocaine, metabolites, and/or cannabinoids were in his system at the time of the incident.

Result

Summary judgment granted in favor of defense.