Fatal Shooting of Colton Double-Homicide Suspect in 2011 Justified: D.A.

The fatal officer-involved shooting of a Rialto man suspected in a double-homicide in Colton in April 2011 was justified, the San Bernardino County District Attorney’s Office announced Thursday.

Before he was killed, Tory Anthony Reed, 29, told a woman "he was willing to shoot it out with law enforcement or commit 'suicide by cop' by simulating a weapon to avoid being arrested," according to a 22-page report released Thursday by the District Attorney's Office.

"Witness #1 described how Reed had specifically told her that if confronted by police, he wanted to be killed by them and would act like he was pulling a gun from his waist area to provoke the shooting," according to the report.

Reed made the statements after the fatal shootings of Breana Neiro, 22, and Darnell D. Haley, 25, in an apartment in the 800 block of East Washington Street in Colton on April 17, 2011, according to the District Attorney's Office and law enforcement accounts.

Investigators believe "Reed arrived at the apartment smashed through the sliding glass window, entered the apartment and shot and killed his ex-girlfriend Victim #1 and her friend Victim #2," the D.A.'s report states.

Reed was fatally wounded two days later on April 19, 2011, by San Bernardino County sheriff's Detectives Glen Alfaro and Daniel Futscher, and Deputy Ryan Peppler, in an apartment in the 4000 block of North F Street in San Bernardino, according to the D.A.'s report.

Detectives had tracked Reed to the apartment and when they tried to take him into custody, he barricaded himself inside and refused to come out, sheriff's officials said in April.

Detectives evacuated the apartments next to the one Reed was in and made several calls for his surrender, but Reed ignored the commands by the negotiator, sheriff's officials said.

Just before 6 p.m., the detectives began to make their entrance into the apartment. They broke out the apartment's front window and shined a spotlight into the living room. When they went in to make the arrest, officials said he charged at them, forcing them to shoot, sheriff's officials said.

"(U)nder the facts, circumstances, and applicable law in this matter, Detectives Glen Alfaro, Dan Futscher and Deputy Ryan Peppler’s use of deadly force was in response to an apparent and immediate threat of great bodily injury or death to themselves and other SWAT members at the scene," District Attorney's officials said in their announcement.

"Therefore, their conduct is justifiable in the defense of themselves and others and no criminal liability should attach to the conduct of any involved officer."

A pdf copy of the District Attorney's Office findings is attached to this report.