A police shooting which occurred in California on Sept. 4 has been ruled justified, according to Moniteau County Prosecuting Attorney Shayne Healea. He said the Highway Patrol has concluded its investigation into the shooting which took place as officers of the City of California Police Department were serving an outstanding arrest warrant on Nicholas R. Rodriguez.
Rodriguez was charged on Tuesday, Sept. 22, with Class C Felony second degree assault of a law enforcement officer, punishable by up to seven years in prison.
According to the Probable Cause Statement, the officers responded to 608 South Taylor Avenue at 1 a.m., on Sept. 4, knocked on the front door and announced themselves. One officer reported that he saw, through a window, Rodriguez flee towards the rear of the residence. The second officer went to the back of the house, and encountered Rodriguez leaving via a back door. When the officer drew a taser and identified himself, Rodriguez went back in the house, and was seen to grab a rifle. He then left the house via a basement door, and ran southwest with the rifle in his hands.
According to the Patrol statement, the officer, fearing for his own safety and the safety of others, fired six shots from his department issued firearm, striking Rodriguez with one round.
The shot struck Rodriguez in the right side, at which time he dropped the rifle and surrendered to the officers.
He was handcuffed and his injuries treated. He was transported by ambulance to Capital Region Medical Center, Jefferson City, and then transferred to University of Missouri Hospital, Columbia.
The patrol report identified the rifle as an Airsoft AK47, with the orange tip covered with black electrical tape.
The patrol report said, "It should be noted that this firearm is very realistic and similar in size and appearance to the weapon it is designed after."
According to Healea, Rodriguez is in custody and arraignment is set for Oct. 13.