DA: Police Justified in Shooting Local Man

The San Bernardino County District Attorney’s office has found that a shooting by Fontana Police in April 2010 was justified as the officers were placed in eminent danger.

Officers say that on April 6, 2010, they responded to a 911 call from a home in the 17000 block of Holly Street and were confronted by an armed man, Manuel Henry Herrera, 44, of Fontana.

Police were called to the home at 8:38 p.m. Dispatchers were called by someone from the home who had climbed on the roof to avoid Herrera, according to DA officials.

Herrera’s family reported he was under the influence, according to a DA investigator’s report. He became more paranoid as the mother and his two children left the home for dinner at a nearby IHOP, according to testimony.

When they returned, the woman told police Herrera pointed a gun at the family and told him, “demons are going to get them.”

He kept saying odd things such as “I have to protect you, Jesus is Lord it’s come to an end.” He then said he saw bright lights and said “they’re here for me, I have to protect you, and they’re coming for us.”

He pointed a gun at the family. The children ran upstairs. One crawled out a window onto the roof where he dialed 911

Their mother tried to calm the Herrera down. Moments later, police arrived. The woman told authorities she ran for the door where she yelled for police. Authorities say they heard her scream, “He’s got a gun.”

An officer pulled her away. Herrera then appeared at the door. One officer testified he saw Herrera holding a revolver. After yelling that he drop the weapons several times, their suspect pointed the weapon at the officers, according to the report.

Fontana Police officer Rajaie Sayegh opened fire, hitting Herrera in the arm and abdomen. The suspect survived the shooting.

Under the circumstances Sayegh was legally justified in shooting Herrera, DA investigators said.