California Attorney General Rob Bonta has released a report on the death of Elizondo Vargas.

On August 31, 2023, Vargas was shot and killed by an El Centro Police officer. Police responded to the report of theft of alcoholic beverages from a gas station at Ocotillo and Imperial Avenues. Responding officers contacted Vargas on a sidewalk and ordered him to stop. Vargas, who was holding a brick, ignored the officers command and threw the brick at an officer. As a result, he was fatally shot. Under Assembly Bill 1506, the California Department of Justice DOJ) is required to investigate all officer involved shootings resulting in the death of an unarmed civilian. Accordingly, the DOJ conducted a thorough investigation and concluded that there is insufficient evidence to prove, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself or others from what he reasonably believed to be imminent risk of death or serious bodily injury. The report stated that there is insufficient evidence to support a criminal prosecution and no further action will be taken.

As part of the investigation, DOJ identified two recommendations related to the incident. The first recommendation is that ECPD should conduct scenario-based training on pre-engagement response and operational safety tactics, including, but not limited to, ensuring less-lethal options are readily available. The second recommendation is that ECPD amend its current use of force policy to ensure it makes clear that de-escalation is mandatory when feasible, and that the level of force is proportional to the seriousness of the suspected offense.