I.INTRODUCTIONAt approximately 4:10 a.m. on September 6, 2013, Michael DeLuca drove his truck into apalm tree at Port Hueneme Beach. The truck then became stuck in the sand. PortHueneme Police Officer Robin Matlock and Sergeant Chris Graham were dispatched tothe scene.Officer Matlock was the first to locate the truck. DeLuca, the only occupant, was stillseated in the driver’s seat. Officer Matlock told DeLuca to stay in the truck. SergeantGraham arrived on the scene as DeLuca was stepping out of his truck.Officer Matlock again commanded DeLuca to stay in the truck at least three times.DeLuca, who appeared impaired, ignored those commands. Sergeant Graham beganapproaching DeLuca who stated, “Don’t do that,” and added, “I’ve got a gun.” SergeantGraham then unholstered his handgun, pointed it at DeLuca and requested expeditedbackup over his radio. Officer Matlock unholstered her Taser and aimed it at DeLuca.Sergeant Graham ordered DeLuca to keep his hands up. Instead, he jumped towardSergeant Graham. Officer Matlock fired her Taser at DeLuca. One probe lodged inDeLuca’s left shoulder but it is unclear whether the other probe made contact withDeLuca. DeLuca then made a forward flip onto the ground. Seeing that the Taser wasineffective, Officer Matlock dropped her Taser and unholstered her handgun.While on the ground, DeLuca extended his right arm in a gripping fashion, as though hewas aiming a gun. He first pointed his arm at Officer Matlock, then at Sergeant Graham,then moved it back toward Officer Matlock. Based on DeLuca’s statement that he had agun, Sergeant Graham feared DeLuca was about to fire a gun at Officer Matlock and1

fired four shots at DeLuca. Officer Matlock heard Sergeant Graham yell “gun!” and alsofired one shot at DeLuca. DeLuca died at the scene.The District Attorney’s Office has a 24-hour on-call officer-involved shooting teamavailable to all Ventura County law enforcement agencies to assist in the investigation ofofficer-involved shootings. Once the District Attorney’s Office was notified of theshooting, Senior Deputy District Attorney Christopher Harman (who authored this report)and District Attorney Investigators Robert Coughlin, Kimberly Michael, and SoniaSanchez responded to the shooting scene and consulted with the investigating officers.The Port Hueneme Police Department conducted an investigation of the shooting, whichincluded interviewing witnesses, collecting physical evidence, and photographing thearea of the shooting. Both involved officers individually conducted a voluntary interviewwith criminal investigators and described the incident.The Port Hueneme Police Department’s investigation reports were then submitted to theDistrict Attorney’s Office for a determination of whether the shooting of Michael DeLucawas justified and, if not, whether criminal charges should be filed. The scope of theDistrict Attorney’s review was limited to those issues. Several requests for follow upinvestigation were made, and on May 22, 2015, forensic scientists from the VenturaCounty Sheriff’s Forensic Science Laboratory issued an official report detailing theresults of their ballistics testing and comparison of the different cartridge cases located atthe scene with the two handguns associated with this investigation. Based on thatadditional information, the District Attorney’s Office issues this current report.The District Attorney’s evaluation included reviewing approximately 1,000 pages ofreports and documents which included interviews of police and civilian witnesses,2

diagrams, photographs, numerous recorded interviews and records, recordings of radiotransmissions, and examination of the scene of the shooting.Based on all the available evidence, the District Attorney’s independent investigation,and the applicable legal authorities, it is the opinion of the District Attorney that theshooting of Michael DeLuca by Port Hueneme Police Sergeant Chris Graham and PoliceOfficer Robin Matlock was justified and not a criminal act.II.STATEMENT OF FACTSA. MICHAEL DELUCAMichael DeLuca was born November 17, 1959.1 DeLuca won the New York StateGolden Gloves in 1979 and had a short career as a professional boxer. He later workedas a bodyguard. Online videos of DeLuca show his boxing and martial arts prowess. Atthe time of his death, he was renting a room in a mobile home in Thousand Oaks.A psychiatrist who was treating DeLuca told investigators of the Medical Examiner thatshe had started treating DeLuca in May 2012. At the time of his death he had beenprescribed citalopram, clonazepam, lamotrigine, and amphetamine. DeLuca had told herthat he had carried a gun with him in the past due to paranoia, but had stopped carryingthe gun. In April 2013, DeLuca told her that he had tried to commit suicide. In July2013, he told her nurse practitioner that lamotrigine was working and that he no longerfelt suicidal.1DeLuca legally changed his birth name from Michael Maloney to Michael DeLuca.3

B. ARGUMENT WITH MELISSA GLUCKDeLuca had been in a periodic dating relationship with Melissa Gluck. They hadrecently begun an attempt to reconcile their relationship. Ms. Gluck was depressedbecause her son had moved out of the country and would be gone for a year.On the evening of September 5, 2013, DeLuca and Ms. Gluck ran a few errands together,then stopped by the Clubhouse Sports Bar and Grill in Camarillo. DeLuca drank three22-ounce beers and was rude to the bartender. DeLuca also placed a call to his motherabout this time in which he may have expressed suicidal thoughts.2When they arrived back at Ms. Gluck’s home, she asked him to leave. DeLuca was upsetand told Ms. Gluck that he was going to kill himself by taking all of his medication. Hethen left, “peeling out” as he drove away.C. COLLISIONAt approximately 4:10 a.m. on September 6, DeLuca drove his truck into Hueneme BeachPark’s Parking Lot A, driving over a curb, onto the sand, and striking a palm tree. DeLucathen began trying to reverse the truck from its location but it became stuck in the sand.Numerous bystanders heard the crash and called the police to report the collision.Port Hueneme Police Sergeant Chris Graham and Officer Robin Matlock were dispatchedto investigate. They drove to the area in different patrol vehicles. When they reachedSurfside Drive, Sergeant Graham turned right and Officer Matlock proceeded into BeachParking Lot A.2On September 6, 2013, at approximately 6:30 p.m., DeLuca’s sister texted him and referred to hisconversation with his mother the evening before, stating “Mom called she is worried about u are u ok don’tdo anything dumb u have two boys a mom and two sisters who love u very much.” DeLuca’s sister andmother would not agree to be interviewed by District Attorney investigators about the contents of theconversation.4

D.FIRST CONTACTAs Officer Matlock entered the parking lot entrance, she spotted Deluca’s truck in thesand near a palm tree. DeLuca was sitting in the driver’s seat of the truck. As OfficerMatlock got out of her patrol car, DeLuca started to get out of the truck. She told him tostay inside the truck, but DeLuca exited the truck and fell back against it. His movementsand appearance indicated to her that he was under the influence of alcohol or some sort ofdrug. Based on DeLuca’s appearance and failure to comply with her commands, OfficerMatlock unholstered her Taser. At that time, she was approximately 30 feet away fromDeLuca, near the front of her patrol car.DeLuca’s Truck in Parking Lot ASergeant Graham arrived on scene as DeLuca was exiting the truck. He heard OfficerMatlock tell DeLuca to stay in his truck. Instead, DeLuca exited and leaned against thetruck. Sergeant Graham believed that DeLuca was likely under the influence of alcohol5

based on his physical movements and the manner in which he leaned against the truck.Sergeant Graham walked around the front of his patrol SUV to a position approximately15 feet from DeLuca.Sergeant Graham asked DeLuca what was happening, then started to step closer toDeLuca. DeLuca told Sergeant Graham, “Don’t do that.” Sergeant Graham asked,“What?” and DeLuca repeated, “Don’t do that.” Sergeant Graham asked DeLuca whathe meant and DeLuca calmly stated, “I’ve got a gun.”Sergeant Graham immediately stepped back and notified dispatch over his radio that hewas dealing with a subject with a gun. He unholstered his handgun, backed away andcalmly told DeLuca to put his hands up. DeLuca looked at Sergeant Graham then rapidlymoved in his direction.As DeLuca moved forward, Officer Matlock fired her Taser at him.3 One of the probesconnected with DeLuca but it was unclear whether the other probe made contact. DeLucamade a grunting sound, fell to the ground, then rolled onto his back. Seeing that herTaser was ineffective, Officer Matlock dropped her Taser and unholstered her handgun.4E. THE SHOOTINGOnce on the ground, DeLuca mimicked aiming a gun with his hands. It was laterdetermined that he did not actually have a gun in his hands, but his declaration to theofficers that he had a gun combined with his aggressive behavior caused SergeantGraham to believe DeLuca had a gun in his hands. DeLuca pointed his hands which3The printout of Officer Matlock’s Taser shows a five-second discharge at 4:22 a.m. on September 6, 2013.Officer Matlock had moved to within 10 to 15 feet of DeLuca when she dropped her Taser. Her Taserwas located a little more than 10 feet from Deluca’s body.46

were in a gripped manner as if he was holding a gun in Officer Matlock’s direction.DeLuca then moved his hands in the same fashion at Sergeant Graham, then back againtoward Officer Matlock. At this moment, Sergeant Graham was afraid that DeLuca wasgoing to shoot Officer Matlock so he shouted, “Gun!” and fired four times at DeLuca.He ceased firing when DeLuca fell back to the sand then requested expedited medicalpersonnel to come to the scene.Officer Matlock saw DeLuca moving his arms and was afraid he was grabbing for thegun he stated he had. From her vantage point, she did not see a gun in his hands butheard him state that he had a gun and saw his aggressive hand movements toward hiswaistband. She also heard Sergeant Graham shout, “Gun!” Based on thosecircumstances, she believed DeLuca was about to pull a handgun from his waistband andshoot at them. She fired one shot at DeLuca and ceased firing as he fell back to the sand.F. ADDITIONAL POLICE RESPONSEOther police officers arrived at the scene, approached DeLuca and searched him. Acrime scene was established and marked off. Emergency medical personnel arrived andprovided treatment. DeLuca was pronounced dead at 4:27 a.m.G. WITNESS STATEMENTSNumerous individuals were interviewed including the involved officers, emergencymedical personnel, and civilian witnesses. Summaries of the most pertinent witnessstatements are set forth below.7

1. MELISSA GLUCKa. SEPTEMBER 6, 2013, BARONI INTERVIEWMelissa Gluck was initially interviewed by Supervising Deputy Medical Examiner JamesBaroni in the early afternoon of September 6, 2013.5 He informed her of the generalcircumstances of DeLuca’s death and she responded that she thought he was going to tellher that DeLuca had committed suicide.Ms. Gluck related that DeLuca was married to Lisa, who lived in New York. DeLucalived in Thousand Oaks. DeLuca and Lisa had two sons who lived in the Los Angelesarea. Ms. Gluck and DeLuca had been dating off and on for the past seven years. Theywere broken up at the time of the incident, but DeLuca had wanted to reconcile.Ms. Gluck had last seen DeLuca on the evening of September 5, 2013. They had runsome errands together and stopped at the Clubhouse Sports Bar and Grill in Camarillo.DeLuca was in a bad mood. He was very angry and rude to the bartender. When theyreturned to Ms. Gluck’s residence, she told DeLuca that he needed to leave. DeLucamade some threats about overdosing on his medication and killing himself. He “peeledout” when he drove away at approximately 8:00 p.m. and that was the last time she sawhim. She tried to call him several times but he never answered his phone.6DeLuca had made similar threats about committing suicide in the past but she wasunaware of him ever having tried to kill himself. She added that DeLuca used to ownguns but that they were taken away and given to his sons due to his suicidal threats.5The interview was not recorded.Ms. Gluck discovered that DeLuca had left his phone in her car and gave DeLuca’s phone to SupervisingDeputy Medical Examiner Baroni.68

Ms. Gluck also stated that DeLuca had a medical history of bipolar disorder and was onmedication for that disorder.b. SEPTEMBER 6, 2013, STARNA INTERVIEWMs. Gluck was also interviewed by Port Hueneme Police Sergeant Eric Starna andDetective Nora Starna at approximately 7:06 p.m. on September 6, 2013.7 Ms. Gluck’smother was also at the home during the interview.Ms. Gluck stated that she and Deluca had been dating since 2007. She last saw DeLucaon September 5, between 5:00 p.m. and 8:00 p.m. Ms. Gluck and DeLuca ran someerrands and stopped for drinks at the Clubhouse Sports Bar and Grill in Camarillo.Ms. Gluck related that DeLuca “doesn’t drink at all” so she was surprised when heordered a beer at the bar. Ms. Gluck related that DeLuca became impatient waiting forhis glass of beer. Ms. Gluck left halfway through her beer in order to go to a store nextdoor. She later returned to pick DeLuca up and they returned to her residence.Ms. Gluck said she was sad that evening because her son had recently left for Ireland.Deluca had wanted to make her feel better but she was “weepy” and not in a good mood.She eventually asked DeLuca to leave. He left her residence at approximately 8:10 p.m.Ms. Gluck tried to call him several times throughout the night and into the morning butnever answered the phone. She later discovered he had left his cell phone in the centerconsole of her car.7The interview was recorded.9

Although DeLuca told her that he did not want to leave, Ms. Gluck denied that DeLucawas upset when he left. She also denied DeLuca said anything to her about his taking allof his medication that evening. She explained that, in the past, “if we've had a fight andhe's wanted to, uh, you know make me get back with him, he would mention thingsabout, you know, uh, taking more of his pills or something” but denied him making sucha statement that night and described DeLuca as “okay” when he left. She described himas “talking to his mom when he left.”Ms. Gluck spoke about DeLuca’s medication, explaining that he had been on medication“lifelong” for depression issues. She knew he saw a psychiatrist and was on medication,but she did not know if DeLuca had actually been diagnosed with a specific condition.8Ms. Gluck denied that DeLuca had ever been aggressive with her except for one incidentduring a breakup when he took the door off a refrigerator after she had told him that therefrigerator was half hers. She admitted that DeLuca had owned a gun in the past butstated that “I did make him get rid of it.”2. MATTHEW KEARNSMatthew Kearns worked as a bartender at the Clubhouse Sports Bar and Grill inCamarillo. He was interviewed by Port Hueneme Police Sergeant Eric Starna andDetective Nora Starna in the early evening of September 6, 2013.8DeLuca’s psychiatrist, Lorna Barte MD, spoke with Supervising Deputy Medical Examiner Baroni andconfirmed that DeLuca had been diagnosed with bipolar disorder and personality disorder NOS, andattention deficit disorder. She also stated that DeLuca had anger issues and, in the past, had carried a gundue to paranoia issues but had stopped carrying the gun. He had attempted suicide in the past but was lastseen in Dr. Barte’s office on July 18, 2013, and stated that he was not suicidal at that time.10

Kearns had worked the evening shift at the Clubhouse Sports Bar and Grill on September 5,2013. At approximately 7:30 p.m. that night, a male customer came in and ordered a22-ounce beer. Kearns identified the customer as DeLuca from a photograph. Herecalled DeLuca because he drank his first 22-ounce beer in about five minutes, whichKearns felt was very fast.Shortly after DeLuca arrived, he was joined by a female who Kearns identified asMelissa Gluck from a photograph. Ms. Gluck left the bar before the third beer came.Kearns recalled DeLuca as “aggressive and rude.” He also recalled DeLuca ordered atotal of three 22-ounce beers which he drank within 20 to 25 minutes.9 At one point,DeLuca went outside and spoke on the phone. DeLuca’s signed credit card receiptindicates that he paid for the beers at 7:53 p.m.3. CHARLES CRAIGCharles Craig was interviewed on September 7, 2013, by Port Hueneme Police DetectiveNora Starna. Mr. Craig lived across the street from the Port Hueneme Beach andwitnessed the incident.During the early morning hours of September 6, 2013, Mr. Craig was sleeping andwakened by the sound of an engine “gunning” as it crossed over the train tracks crossingVentura Road. The engine sound was followed by skidding brakes and a crash. Mr. Craiglooked out his bedroom window and did not see anything.9There was no alcohol in DeLuca’s blood at the time of his death.11

He went onto his balcony. 10 He saw a person (DeLuca) get out of a truck and ask anunknown person from a different car, “Are you okay?” That made Mr. Craig think it wasthe car that had crashed on the sand dunes. The car drove off after a few minutes.DeLuca then got back into his truck and started revving the engine to try to get the truckout of the sand.Mr. Craig called 911 and eventually went outside where he was able to see the policeofficers contact DeLuca. Mr. Craig heard the female officer (Matlock) say, “Don’t getout of your vehicle, don’t get out of your vehicle.” DeLuca ignored the commands andgot out of the truck.The officers told DeLuca to put his hands over his head. DeLuca appeared impaired toMr. Craig because he could barely stand and was backed up against his truck. DeLuca puthis hands up briefly then dropped his hands and took a step toward Sergeant Graham.Mr. Craig was unsure if DeLuca intentionally walked forward or lost his balance andmoved forward. When DeLuca was within eight feet of Sergeant Graham, Mr. Craigheard the sound of a Taser being fired. He thought that Sergeant Graham was the onewho fired the Taser at DeLuca.11The Taser seemed to have no effect on DeLuca other than an initial “jolt” reaction.DeLuca continued walking toward Sergeant Graham. Mr. Craig then heard four shotsfired and saw DeLuca fall to the ground. A few moments later, numerous other policeofficers began arriving at the scene. Mr. Craig never heard DeLuca say anything duringthe incident.10The distance from Mr. Craig’s location to the collision scene was approximately 227 feet.Mr. Craig was unable to distinctly see who fired the Taser but thought Graham was the one to fire theTaser. Taser records and evidence collected at the scene show that only Officer Matlock’s Taser was firedthat night.1112

Mr. Craig went back inside and called 911 again to express his concern that anotherperson might be in the truck or on the beach based on hearing DeLuca ask, “Are youokay?” when he got out of the truck.4. MARK SANCHEZMark Sanchez was interviewed by Port Hueneme Police Officer Rocque Lopez, Jr. onSeptember 6, 2013 at approximately 6:10 a.m. Mr. Sanchez related that earlier thatmorning he was standing at the end of the Port Hueneme pier stargazing with binoculars.He heard the sound of a truck revving nearby. He turned and saw a truck drive intoParking Lot A for Port Hueneme Beach, jump the curb and strike a palm tree.The truck then unsuccessfully tried to back out of the sand berm. Mr. Sanchez called 911and reported the collision, stating that “apparently a drunk driver has just crashed into amedian over here.”Mr. Sanchez observed a Port Hueneme Police car arrive on the scene and a female policeofficer (Matlock) begin inspecting the truck with a flashlight. Mr. Sanchez turned awayand heard Officer Matlock shouting commands at a person still in the truck. Mr. Sanchezcould not make out the specific words Officer Matlock was shouting. He then heardapproximately six gunshots but did not see the shooting. He turned back around after theshots and, a short time later, saw additional police cars arrive at the scene.5. JAMES GALLAGHERJames Gallagher was interviewed on the morning of September 6, 2013, by ReserveOfficer Fernando Alonso. At the time, Mr. Gallagher lived approximately one third of amile from the scene of the incident and was able to see the area from his window.Mr. Gallagher related that at approximately 4:12 a.m., he heard a vehicle traveling at a13

high rate of speed. He looked out his window and saw a gray truck spinning its tires inthe sand of Port Hueneme Beach Lot A.Two police vehicles arrived at the location of the gray truck at approximately 4:20 a.m.The police ordered the driver (DeLuca) out of the gray truck. DeLuca got out of the truckand “involuntarily” backed up against the side of the truck a couple of times. DeLucabegan walking towards the officers when Mr. Gallagher heard a "pop," which he believedwas from a Taser. DeLuca fell to the ground and out of Mr. Gallagher’s field of vision.The officers approached the area where the driver had fallen. He heard the officersyelling “Don’t move!” He then heard approximately three gunshots and other policeunits arrived at the location.6. SERGEANT CHRIS GRAHAMOn September 6, 2013, at approximately 11:10 a.m., Sergeant Chris Graham provided avoluntary interview to Sergeant Eric Starna and Officer Mike Hamrick. At the time ofthe incident, Sergeant Graham had been employed as a peace officer with the City of PortHueneme for approximately 28 years. He began his shift at 4:30 p.m. on September 5,2013, and was scheduled to work until 4:30 a.m. on September 6. He was working aspatrol sergeant, meaning he supervised the four officers on the patrol shift but alsoresponded to calls. He was dressed in a police uniform with patches and badgesidentifying him as a police officer and was driving a marked patrol SUV. His dutyweapon was a .45 caliber handgun.Sergeant Graham was inside the dispatch center at approximately 4:15 a.m. when heheard a call come in related to a traffic accident at the intersection of Surfside Drive andVentura Road. He walked out to his patrol SUV and then drove next to Officer Robin14

Matlock’s patrol car.12 Sergeant Graham told her that they were about to be dispatchedto a traffic collision at Surfside Drive and Ventura Road.13When they reached the intersection, Sergeant Graham turned right onto Surfside andOfficer Matlock continued driving straight into the parking lot. She then broadcast overthe radio that she had located the suspect vehicle in Parking Lot A at the beach. SergeantGraham turned around and drove to her location.Officer Matlock’s patrol car was stopped on the road a short distance behind a truckwhich was on the sand next to a palm tree. Sergeant Graham stopped his car parallel tothe truck but several yards away from it on the pavement. It was still dark out but thescene was illuminated by lights and spotlights from the police vehicles. Sergeant Grahamexited his SUV and the truck driver (DeLuca) got out of the truck. Officer Matlock toldDeLuca several times to get back into the truck but he did not comply.DeLuca appeared very unsteady on his feet and Sergeant Graham believed him to beimpaired. He explained that “it could have been drugs. Uh, I just know he was, he wasimpaired. There was something not right.”Sergeant Graham began walking toward DeLuca who told him, “Don’t do that.”Sergeant Graham responded, “What?” and DeLuca repeated, “Don’t do that.” SergeantGraham asked DeLuca what he meant and DeLuca responded, “I’ve got a gun.”12Officer Matlock had been parked in her patrol car in the police department’s parking lot at the time of thecall.13Port Hueneme Police Department maintains records of its calls and communications, including the timeof each communication. Dispatch records show that Sergeant Graham and Officer Matlock weredispatched to Surfside Drive and Ventura Road at approximately 4:15 a.m. and arrived at the call atapproximately 4:16 a.m.15

Sergeant Graham immediately stepped away from DeLuca and unholstered his hand gun.He pointed his handgun at DeLuca. Sergeant Graham believed that he requestedexpedited backup and notified dispatch the suspect had a gun.14 He then commandedDeLuca to put his hands up.DeLuca leapt toward Sergeant Graham. Sergeant Graham then heard the sound of a Taserbeing fired and believed that Officer Matlock had fired her Taser at DeLuca. The Taserdid not appear to affect DeLuca, who then made a forward flip onto the sand towardSergeant Graham.While lying on the sand, DeLuca brought his right arm from his waist and extended it asif he was pointing a gun in Officer Matlock’s direction. He then first pointed towardSergeant Graham, then began moving his arm back towards Officer Matlock. SergeantGraham explained that, due to DeLuca’s actions and previous statements that he had agun, he believed that DeLuca was armed and about to shoot Officer Matlock. Based onthat fear, Sergeant Graham fired his handgun at DeLuca.Sergeant Graham described the scene: “I'm now pointing my gun at him and I'm tellinghim ‘Get your hands up.’ I’m very calm with him, ‘Get your hands up, get your handsup.’ Um, he's just looking at me. He's looking, and then he leaped. He just leaped forwardand as he does, I hear the Taser go off, the distinct noise, so Robin (Officer Matlock) hasalready deployed the Taser on him. Um, as she deploys the Taser, he, he, he does this --,14Port Hueneme Police Department’s radio broadcasts are recorded, but there no time stamp to show theexact time the communication occurred. There are five broadcasts from the officers on scene during thisincident. The first broadcast was Sergeant Graham notifying dispatch that they had reached the intersectionof Surfside and Ventura Road. The next broadcast was Officer Matlock describing the suspect vehicle’slicense plate number and identifying the location as Lot A. The third communication was from SergeantGraham: “Station 8 (dispatch) expedite backup, he’s got a gun.” The fourth communication was fromSergeant Graham advising that shots had been fired. The fifth communication was from Sergeant Grahamasking for expedited response from emergency medical personnel and requesting that Oxnard PoliceDepartment be contacted for assistance.16

not a somersault -- well, he does a flip into the sand in front of me. I already know he'sgot a gun. Uh, my light goes down, I no longer have my light in my hand, it's just mygun. Um, and as he does the flip and he goes around and I can hear the cycling of the, ofthe Taser going off, but it's not working because he's not, his body's not locked up. AndI’ve used Tasers. I know what happens if you get a good hit. This guy’s gonna belocked, he’s not locke

The District Attorney's Office has a 24-hour on-call officer-involved shooting team available to all Ventura County law enforcement agencies to assist in the investigation of officer-involved shootings. Once the District Attorney's Office was notified of the shooting, Senior Deputy District Attorney Christopher Harman (who authored this report)