Prosecutors have completed their review of the fatal shooting of an armed, wanted murder suspect by deputies in Victorville three years ago, determining the law enforcement officers were justified in their use of lethal force.
The San Bernardino County District Attorney’s Office released its findings Wednesday regarding the the Aug. 11, 2022 shooting of Byron Hayes, 33, of Victorville.
The shooting took place following a 30-minutes standoff at a house in the 12600 block of Westway Lane, sheriff’s officials said at the time.
Wanted for murder
A San Bernardino County Sheriff’s Department Specialized Enforcement Division team, or SWAT team, responded to the home to assist the Los Angeles Police Department in apprehending Hayes, who was wanted in connection with a murder investigation in their city, according to sheriff’s and district attorney’s officials.
An LAPD detective advised sheriff’s officials that Hayes “had a prior criminal history for murder, shooting, robbery, and burglary,” according to the D.A.’s office report. “(The detective) also noted the weapon used in the Los Angeles County murder was still outstanding.”
The SWAT team responded to the home with an arrest warrant, the report stated. When Hayes spotted LAPD investigators sitting in an unmarked vehicle near the home, he ran into a house and refused to exit.
An armed standoff
Deputies placed an armored vehicle in the driveway of the home and ordered anyone inside to come out via loudspeaker, according to the D.A.’s report.
“Hayes appeared in an upstairs bedroom window. He was agitated,” the report said. “Hayes asked multiple times what the warrant was for but SED would not tell him. Hayes was also upset about the LAPD officers positioned at the rear of the residence. Hayes warned SED that he was ‘loaded and ready to go,’ if anyone tried to enter the residence through the back door.”
Hayes was seen moving around the house, and at one point, drinking from a bottle of alcohol, the report found.
“Hayes became intoxicated and his demeanor was erratic,” it contintued. “Hayes would go back and forth between somewhat cooperative to agitated and upset. Hayes called his brother on his cell phone and spoketo him. During that conversation, Hayes made statements that caused SED to believe Hayes may be suicidal.”
The shooting
As a sheriff’s negotiator tried to calm the suspect down, officials said he grew increasingly agitated.
He was seen standing in front of an upstairs bedroom window, racking a gun, placing it against his own head and telling deputies he would shoot himself.
Hayes demanded a hamburger from In-N-Out, which a deputy told him he would try to obtain, but asked Hayes to put down the pistol in the meantime. the according tot he report. Hayes did not comply and began counting down from five.
“Hayes then suddenly pointed the gun out the window at SED deputies,” the report said. “Fearing for their lives and the lives of their partners, Detective Eugene Mondragon, Detective Bela Lukacs, Deputy Jim Musgrave, Deputy Joshua Stone, and Deputy Chris Haas fired their weapons multiple times at Hayes. After the shooting, SED personnel lostsight of Hayes and he stopped communicating.”
Deputies made their way into the home where they encountered Hayes, who was lying unconscious on the floor with a gunshot wound to his body, officials said. A 9mm handgun was found on the floor beside him.
Paramedics took Hayes to a hospital, where he ultimately died from his injuries.
Upon completing a review of the evidence, the district attorney’s office determined the use of lethal force by each involved deputy “was a proper exercise of his right of self-defense and defense of others and therefore his actions were legally justified.”
This article originally appeared on Victorville Daily Press: Deputies ruled justified in fatal shooting of murder suspect in Victorville
Reporting by Brian Day, Victorville Daily Press / Victorville Daily Press
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