Estimated read time: 4-5 minutes
SALT LAKE CITY — A West Valley City police officer who shot and injured a suspected impaired driver who opened fire on her in April will not face charges, the Salt Lake County district attorney announced on Friday.
On April 20 about 10:30 p.m., officer Sicilia Campa tried to stop a Dodge minivan that was swerving while driving north on Redwood Road and had "just taken off from her" as she pursued with lights and sirens activated, according to the report from Salt Lake County District Attorney Sim Gill. The driver continued at a "high rate of speed" before trying to turn right onto the state Route 201 eastbound on-ramp and crashing into an embankment.
The driver, 18-year-old Angel Maciel Bernardino, got out of his vehicle and walked toward Campa, who was exiting her vehicle about 30 feet away, the report states.
Bernardino then "reached for his waistband and pulled out a handgun" as Campa commanded him to stop and drew her gun. Bernardino pointed his gun at the officer and they exchanged gunfire, according to the report.
Investigators said Bernardino fired one round and Campa fired five during the duration of the standoff, the report notes. Just eight seconds passed between the time Campa exited her car and when she called out "shots fired" over the radio, Gill said.
A body camera video of the incident released in May shows the officer opening her door and yelling, "Police! Stop! Stop! Stop!" after Bernardino begins walking toward her.
But immediately, the driver — without saying a word — reaches into either his pocket or waistband and appears to take out a gun and point it at the officer. The officer responds by firing three shots. The man falls to the ground, and the officer takes cover behind her patrol car as she calls for backup. After a brief pause, the officer fires two more rounds as the man appears to be reaching again for his gun, which is on the ground.
"Stay down! Get on the ground! Get on your stomach right now!" the officer screams in the video.
The officer continues to yell several commands at the man until backup officers arrive, including, "Stop reaching!" and "Get your hands out of your waistband!"
When backup officers arrive and surround the man, the officer who shot him is told to step down from the scene.
Gill's report states that after Bernardino was shot, he "manipulated" his gun with both hands while he was on the ground, and Campa fired additional shots as she got behind her vehicle. After backup officers arrived, Bernardino continued to "move and roll" on the ground and did not comply with their commands, Gill noted.
Investigators found that Bernardino's gun had malfunctioned during the incident; Gill noted that the slide was open and a bullet was rotated (facing downward and perpendicular to the slide) inside the ejection port. An "unfired" bullet matching ammunition from Bernardino's gun was found at the scene "consistent with a malfunction scenario," Gill noted.
More officers arrived, provided medical aid and took Bernardino into custody. He was hospitalized with several gunshot wounds that were not considered life-threatening, according to the report.
West Jordan police led the task force that investigated the shooting and interviewed officer and bystander witnesses, examined physical evidence and body camera and surveillance recordings, as well as radio traffic recordings. Campa refused to be interviewed or provide a statement, Gill said.
He said his office believes the facts of the case support the conclusion that a jury would find that Campa believed the use of force was necessary to prevent death or injury to herself or others.
Gill's office received the task force's findings on May 24, but he said the office did not release its findings or other evidence while charges against Bernardino were pending.
Bernardino was charged in 3rd District Court with assault on a peace officer and possession of a firearm by a restricted person, both second-degree felonies; and failure to respond to an officer's signal to stop, a third-degree felony. In exchange for his guilty plea to assault on a police officer and felony possession, the third charge was dropped.
Bernardino was sentenced to at least two and up to 30 years in prison.
