The Orange County District Attorney’s Office has closed its investigation of a fatal shooting by Seal Beach Police in January 2023. The DA’s Office concluded the officers’ actions were reasonable and justified.
“We appreciate the thorough and independent investigation conducted by the Orange County District Attorney. Any loss of life is tragic, no matter the circumstances, and I extend my condolences to those affected. We at the Seal Beach Police Department continue our commitment to providing professional and transparent law enforcement services to the community,” said Seal Beach Police Chief Michael Henderson.
The OCDA notified Chief Henderson in a letter dated Nov. 29. One of the officers subdued a suspect with a taser. Then the suspect pulled a gun and another officer fatally shot him. The 13-page letter was released to the public on Friday, Dec. 22. The letter included the names of the officers involved in the incident. The Seal Beach Police Department released body camera video of the shooting in March 2023, along with the name of the man who was fatally shot. (See SBPD releases video of fatal January Shooting.)
The following is an account of the incident according to the OCDA’s letter.
According to the letter, the OCDA Special Assignments Unit investigates when someone is injured or killed by the police.
“On Monday, January 16, 2023, at approximately 9:36 p.m., SBPD dispatch received a 9-1-1 call from Jane Doe 1. Jane Doe 1 told dispatchers she was at home with her two young children, and 2 an unknown male was kicking her front door and demanding entry. Jane Doe 1 described the male as wearing a jacket, mask, beanie, and dark brown work boots. Jane Doe 1 provided her home address in Seal Beach,” according to the letter, which was signed by Senior Deputy District Attorney Marc Rozenberg of the Special Prosecutions Unit.
“At approximately 9:36 p.m., SBPD Officer [Airon] Knight and Corporal [Bruno] Balderrama were dispatched to Jane Doe 1 ‘s residence location regarding a suspicious person attempting to kick down the caller’s door,” Rozenberg wrote.
Both officers were wearing their uniforms and what law enforcement calls body worn cameras or BWCs. Their patrol cars had patrol video systems. According to the DA’s letter, all officers activated their body and patrol car cameras when they arrived.
“Officer Knight’s and Corporal Balderrama’s BWCs captured the entirety of the incident,” Rozenberg wrote.
“At approximately 9:40:47 p.m., Officer Knight arrived at Jane Doe 1 ‘s residence,” Rozenberg wrote.
“At approximately 9:41:22 p.m., Officer Knight observed a male subject, later identified as Emch [Michael Bernard Emch, Jr.], matching the description provided by dispatch, peering over the brick wall of the enclosed patio area of Jane Doe 1 ‘s residence. Only Emch’s head was visible at that time as he peered over the wall,” Rozenberg wrote.
“Officer Knight stood in the walkway approximately 40 feet east of Emch. Officer Knight, using his flashlight to light up Emch, asked him who he was and commanded that he needed to come out of the enclosed area. Emch replied he was there to see the reporting party. Officer Knight again ordered him out and told him the reporting party had called SBPD because she did not want him there,” Rozenberg wrote.
“Officer Knight told Emch he needed to see his hands. Emch refused to show Officer Knight his hands and told Officer Knight to stop shining the flashlight on his face,” Rozenberg wrote.
“At approximately 9:42:01 p.m., Corporal Balderrama arrived in his police vehicle and parked approximately 200 to 300 feet south of the condominium. He exited his vehicle and began walking towards Officer Knight’s location,” Rozenberg wrote.
“At approximately 9:42:02 p.m., Emch disappeared from view behind the patio wall. Officer Knight stated to OCDA Investigators that he did not know if Emch was armed, so he put away his flashlight and drew his duty weapon, using the light attached to his handgun for illumination,” Rozenberg wrote.
“At approximately 9:42:11 p.m., Emch exited the enclosed patio area. Emch wore a baggy black jacket, blue jeans, a black hat, and clear glasses. He had a beverage can in his right hand.
“Officer Knight told Emch, ‘Put your hands up, I can’t see your hands.’ Emch ignored commands and continued walking towards Officer Knight. Officer Knight told Emch to have a seat. Emch told him ‘no’ and that he would leave. Emch then moved the beverage can to his left hand while asking Officer Knight to call his staff sergeant. Officer Knight understood this as a common military term and believed Emch may have military training. The act of moving his beverage to his left hand heightened his suspicion of Emch’s intentions. Officer Knight believed Emch was possibly freeing up his right hand to reach for a weapon,” Rozenberg wrote.
“At approximately 9:42:27 p.m., Emch placed his right hand in his right front jacket pocket as he simultaneously turned around and walked back towards the enclosed patio area of Jane Doe 1 ‘s residence. Emch refused multiple commands to stop and remove his hand from his pocket,” Rozenberg wrote.
“Corporal Balderrama, in his interview with OCDA Investigators, stated that he heard Officer Knight’s commands to stop and show his hands, which Emch ignored. Emch repeated, “I will not sit down; I will not sit down.” Corporal Balderrama saw Officer Knight with lethal cover and drew his Taser for a less lethal option,” Rozenberg wrote.
“Corporal Balderrama then moved closer to Emch as he began to re-enter the enclosed patio and told him, ‘Dude, I’m going to Tase you.’ Emch ignored commands to stop and continued concealing his right hand in his front jacket pocket,” Rozenberg wrote.
“At approximately 9:42:34, Emch proceeded to walk back into the enclosed patio area with his back to the officers. Corporal Balderrama stated he was concerned for the reporting party and her two young children and decided to deploy his Taser,” Rozenberg wrote.
“At approximately 9:42:35 p.m., Corporal Balderrama deployed his Taser toward Emch, striking him in the back. Emch fell into the enclosed area onto his left side and then flat on his back,” Rozenberg wrote.
“Officer Knight lost sight of Emch when he entered the patio but heard the Taser deploy and Emch screaming,” Rozenberg wrote.
“At approximately 9:42:39, Officer Knight approached the threshold of the patio with his handgun drawn toward Emch. He could see Emch lying on his back on the patio floor. At the time, Corporal Balderrama was about three feet behind and to the left of Officer Knight,” Rozenberg wrote.
“At approximately 9:42:40 p.m., Emch reached for what appeared to be a black, Glock handgun from his right-side waistband. Officer Knight saw Emch point the gun directly in Corporal Balderrama’s direction. Believing his partner was about to be shot in the head, he pointed his gun at Emch and fired. Officer Knight told investigators that he continued firing his duty weapon until Emch released the pistol from his right hand. In total, Office Knight fired 21 rounds,” Rozenberg wrote.
(“Officer Knight did not reload during the course of this shooting. Twenty-one rounds constituted the number of rounds in the magazine of his duty weapon plus one round in the chamber of the firearm, according to a footnote in Rozenberg’s letter.)
“Corporal Balderrama told OCDA Investigators that after he deployed the Taser and Emch fell to the ground, he saw Emch draw a black pistol from his waistband. Corporal Balderrama stated that he feared Emch was going to shoot and kill him. In response, Corporal Balderrama stated that pulled the Taser trigger a second time. From Corporal Balderrama’s BWC, this occurred at approximately 9:42:42,” Rozenberg wrote.
“Corporal Balderrama then dropped his Taser, drew his duty handgun, and fired nine rounds at Emch beginning at approximately 9:42:44. Corporal Balderrama explained that he continued to fire until Emch no longer had the gun in his hand. Once Emch dropped the gun, Officer Balderrama described that it remained within Emch’s close reach after the shooting. This is confirmed by BWC footage showing the gun to be within approximately one inch of Emch’s right hand,” Rozenberg wrote.
“At approximately 9:42:54 p.m., Corporal Balderrama broadcasted, ‘Shots fired.’ Officer Knight requested that paramedics and an SBPD supervisor respond to the scene,” Rozenberg wrote.
“At approximately 9:43:06 p.m., as Emch laid on his back he stated, ‘Finish me off.’ Officer Knight and Corporal Balderrama continued to give Emch commands and held him at gunpoint until additional units arrived. The officers decided to wait for additional units to render aid and take him into custody because Emch’s pistol was still within close reach, and Emch was not complying with commands,” Rozenberg wrote.
“At approximately 9:44:08 p.m., Emch raised his left hand off the ground and reached right towards the gun. Emch’s left shoulder lifted off the ground as he attempted to reach for the gun. Corporal Balderrama and Officer Knight yelled, ‘Don’t do it!’ Emch gave up and put his left hand down to his side again,” Rozenberg wrote.
“At approximately 9:44:52 p.m., Officer Knight requested that dispatch call the reporting party and inquire if the occupants inside the residence were unharmed. Dispatch advised that the reporting party and her children were unharmed,” Rozenberg wrote.
“At approximately 9:48:46 p.m., SBPD Officer Michael Pistilli arrived on the scene. Officer Pistilli assisted by approaching Emch while Officer Knight and Corporal Balderrama held Emch at gunpoint. Officer Pistilli removed the gun from Emch’s immediate reach and handcuffed Emch. Corporal Balderrama then placed a tourniquet on Emch’s left upper thigh area,” Rozenberg wrote.
“The gun, which Officer Pistilli removed from Emch’s reach, was a Glock 22, 40-caliber handgun loaded with one cartridge in the chamber and five cartridges in the seated magazine. The gun was taken into evidence by the OCCL and was found to be registered to Emch’s father,” Rozenberg wrote.
“Additionally, four 40-caliber casings were located on the ground in the patio area within two feet of where Emch had been laying. One casing was next to the Glock pistol. One casing was found to the left of where Emch was laying, and two were above the location of his head,” Rozenberg wrote.
(“It is unclear when these four rounds were fired. Jane Doe 1 does not report hearing gunshots prior to the officers’ arrival. Both Officers Balderrama and Knight did not report seeing or hearing Emch firing his weapon, and the shots were not observed on any BWC recordings,” according to a footnote in Rozenberg’s letter.)
At 10:02 p.m., Emch put in an ambulance and sent to University of California, Irvine Medical Center.
“While en route to UCIMC, Emch went into respiratory arrest,” Rozenberg wrote.
“At approximately 10:20 p.m., OCFA relinquished care of Emch to UCI medical personnel. Emch did not have a pulse when he arrived at UCI and cardiopulmonary resuscitation (CPR) and intubation were initiated at approximately 10:21 p.m. A UCI emergency room physician performed a thoracotomy on the left side of Emch and trauma surgeons found that Emch had lost a significant amount of blood. CPR on Emch was continued for approximately 11 minutes. After Emch failed to respond to these lifesaving measures, two UCI physicians determined that further efforts were futile. Emch was pronounced deceased at 10:32 p.m.,” Rozenberg wrote.
“At the time of the incident, Emch had an active domestic violence restraining order against him, prohibiting him from contacting Jane Doe 1 or coming within 100 yards of her residence. The restraining order had been issued on July 28, 2022, and subsequently served on Emch,” Rozenberg wrote.
According to the letter, Jane Doe 1 and Emch had known each other since grade school. They dated in March 2022. According to the DA, Jane Doe 1 said he was “cool” when sober but a demon when using methamphetamine.
The autopsy found that Emch had 24 gunshot wounds and the cause of death was multiple gunshot wounds, according to Rozenberg’s letter.
Blood analysis found that Emech had ethanol, acetaldehyde, amphetamine, methamphetamine, and other drugs in his system, according to Rozenberg’s letter.
“Emch had a State of California criminal history that revealed arrests for the following: • Being under the influence of a controlled substance • Resisting an executive officer in the performance of his duty • Vandalism • Possessing/selling a switchblade knife • Driving without a license • Driving with a suspended driver’s license,” Rozenberg wrote.
“Corporal Balderrama and Officer Knight both gave voluntary statements to OCDA Investigators on January 18, 2023,” Rozenberg wrote.
“A jury analyzing these facts would justly conclude that it was reasonable for each officer to believe that his life and the life of his fellow officer were in danger,” Rozenberg wrote.
“Therefore, Corporal Balderrama and Officer Knight were justified when they shot at Emch and carried out their duties as peace officers in a reasonable and justifiable manner,” Rozenberg wrote.
