x
Breaking News
More () »

CBS News 8 - San Diego, CA News Station - KFMB Channel 8 | cbs8.com

Deputy cleared by DA's Office in shooting at Del Mar Ice Cube concert

The DA’s Office determined that the deputy fired at Daniel Elizarraras in his own defense and the defense of others and bears no criminal liability for his actions.

SAN DIEGO — Warning: Some of the video content could be disturbing to some audiences.

The San Diego District Attorney’s Office released their review Friday of cell phone video of the Escondido man who pulled out a gun and fired shots in the air at a Ice Cube concert at the Del Mar Fairgrounds last year.

This case is one of five recently reviewed by the DA’s office. Relevant portions of body camera, cell phone and surveillance video was released Friday along with a review of five officer involved shooting incidents, according the DA’s office.

RELATED CASE: Officers employed reasonable amount of force detaining naked man in Little Italy

RELATED CASE: DA's office concludes no liability for law enforcement involved in trespassing incident at Fallbrook gas station

RELATED CASE: Death of man on PCP, biting fingers ruled an accident

RELATED CASE: Deputies acted in their own defense during incident with man with a gun at Lemon Grove Del Taco

The San Diego Sheriff’s Department was patrolling September 2, 2018 during the horse races and Ice Cube concert at the Del Mar Fairgrounds.

Once the concert was sold out, fairground employees alerted the crowd, which prompted frustration among the crowd and some people began assault fairground employees, according to the DA’s analysis.

The report goes on to say a Sheriff’s deputy saw Daniel Elizarraras, 22, approximately six to seven feet away from him holding a silver handgun in his right hand pointed upward. Elizarraras fired two rounds into the air. The deputy used less-lethal force, deploying his Taser on Elizarraras with negative results. Another deputy told Elizarraras to drop his gun, but Elizarraras ignored the command. The first deputy was now face-to-face with Elizarraras and saw Elizarraras lowering the silver gun in his right hand from holding it above his head to below his shoulder. The deputy drew his firearm and shot Elizarraras in the abdomen and shoulder.

Elizarraras survived the shooting and later entered a guilty plea in court and was sentenced to three years in prison.

RELATED: Man who fired gun near Ice-Cube concert in Del Mar pleads guilty

RELATED: Man who fired gun near Ice Cube concert sentenced to 3 years

The DA’s Office determined that the deputy fired at Elizarraras in his own defense and the defense of others and bears no criminal liability for his actions.