SAN BERNARDINO — After a Victorville man was shot and injured by a Bureau of Alcohol, Tobacco and Firearms agent in August 2014, the San Bernardino County District Attorney's office has deemed the shooting justified, according to a written evaluation report released this week.
Arnulfo Hernandez, 35, was shot and injured by an ATF agent during an operation conducted by state and federal agencies, an ATF spokeswoman previously told the Daily Press. ATF, Immigration and Customs Enforcement and San Bernardino County Sheriff's Department personnel were involved.
The evaluation released by the DA's office revealed the reasons behind the operation that left Hernandez wounded that day, and the report justified the shooting as a matter of self-defense.
"(The) agent did not fire his weapon until there was a perceived threat against him and other members of law enforcement that were serving the search warrant at the residence of Arnulfo Hernandez," said a statement accompanying the report.
The names of the ATF agent involved in the shooting and any other officers or agents involved in the operation have been redacted from the report due to security concerns.
The report revealed that the multi-agency operation was conducted in at least three locations in Hesperia, Apple Valley and Victorville to investigate the trafficking of illegal machine guns. Hernandez was found to have ties to a Mexican cartel and was also identified as a drug trafficker, according to the report.
The ATF agent who shot and wounded Hernandez was aware of Hernandez's ties to the cartel and was told Hernandez was expected to be uncooperative, according to the report. The operation first led the team to an address in Hesperia, where they were served a search warrant without incident and were informed Hernandez would likely be found at an address on Sunny Vista Avenue in Victorville.
The team regrouped and arrived at the Victorville address around 5 a.m, according to the report, and began initiating efforts to enter the home. As the ATF agent walked toward the front door, he saw a man appear through the front window. The man, later identified as Hernandez, allegedly raised his hands to eye level and was holding a dark-colored medium-sized cylindrical object.
Because of poor lighting conditions the agent was unable to get a better description of the object or the man but reportedly saw the man in a shooting position, according to the report.
Believing that Hernandez had a firearm and was going to shoot, the ATF agent drew his weapon and fired one round at Hernandez. The agent didn't fire any further shots, according to the report.
After the shooting, the team made their way into the home and located a Bell airstrike dual action air pump near the window and two knives in the front room of the location. The air pump was perceived to be a firearm by the ATF agent, the report states.
Hernandez suffered a wound to his left eye socket and a wound on the left side of his head above his ear, according to the report. He was treated for his injuries at the scene and later taken to Arrowhead Regional Medical Center for further treatment. No other injuries were reported due to the incident.
"(The agent's) right to act as he did in self-defense and defense of others is corroborated by witness statements and the evidence," the report said.