SAN DIEGO _ A sheriff's deputy who shot an unarmed detainee in May as the man ran from authorities outside the downtown San Diego jail has been charged with second-degree murder, the District Attorney's Office announced Monday.
Aaron Russell, 23, is being charged in the May 1 death of Nicholas Peter Bils, 36.
Russell, who resigned from the San Diego County Sheriff's Department in the days after the shooting, is scheduled to be arraigned Tuesday morning in San Diego Superior Court.
Second-degree murder carries a potential sentence of 15 years to life in prison. He also faces an allegation that he used a gun, which could add up to 10 years to his sentence if he is convicted.
Russell was arrested Monday and jailed. His bail has been set at $1 million. He had been with the department about 18 months at the time of the shooting.
It is rare for prosecutors to file charges against local law enforcement officers when they shoot someone.
San Diego County District Attorney Summer Stephan said in a news release that the decision to charge followed a "thorough review of all the objective facts and evidence" in the case by specialized prosecutors and investigators.
"When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim," Stephan said in the statement. "These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law."
Stephan noted that her office reviewed the shooting under a new law that went into effect Jan. 1 that raised the standard for when law enforcement officers can use deadly force.
Assembly Bill 392, authored by Assemblywoman Shirley Weber, a San Diego Democrat, allows deadly force by law enforcement only when "necessary," when an officer's life or the lives of others are in imminent danger and when there is no other alternative to deescalate the situation, such as using nonlethal methods.
That's a change from the old standard, which allowed using deadly force when an officer had a "reasonable" fear of imminent harm.
Defense attorney Richard Pinckard, who is representing Russell, said in an email that his client voluntarily surrendered to authorities Monday afternoon. He said they are "disappointed" with the decision to charge Russell, "but frankly not surprised."
"In today's climate the decisions and actions of all stakeholders in the law enforcement system are under intense scrutiny _ from the deputies with boots on the ground, to the prosecutors, to the judges," Pinckard said. "At this point, the safest thing for the District Attorney to do is file a criminal complaint and let the case work its way through the criminal justice process."
The Sheriff's Department referred comment on the case to the District Attorney's Office.
An attorney for Bils' family said he and family members would make statements Tuesday following Russell's arraignment.
Eugene Iredale, the attorney, said Bils was unarmed, running away and "represented no threat of harm to anyone as Russell shot him in the left arm, the flank, and in the back."
The incident was captured on video surveillance. However, prosecutors said they are not releasing it, as it "is now evidence in a pending criminal case and releasing it publicly could jeopardize the defendant's right to a fair trial."
The video will likely be entered into evidence if the case goes to trial.
Under a state law implemented last year, video footage of police shootings should typically be released within 45 days, but agencies can withhold video in certain instances, including if it's part of a criminal investigation.
According to San Diego police, Bils escaped from a California State Park ranger's car May 1 just outside a vehicle gate to the San Diego Central Jail on Front Street and B Street.
Bils apparently made his escape by slipping at least one wrist from his handcuffs, then reaching out the open window of the ranger's car to open the door from the outside, San Diego police homicide Lt. Matt Dobbs said at the time.
Russell and another deputy were on their way into work at the jail when they saw the escape and chased Bils, who ran north on Front Street toward vehicles stopped in traffic, according to Dobbs and police homicide Capt. Richard Freedman.
That's when Russell opened fire, shooting Bils at least once, Dobbs said.
Rangers had arrested Bils earlier that day at Old Town San Diego State Park for allegedly threatening a ranger with a golf club.
In an interview with NBC7 in early May, Kathleen Bils said she was told her son "brandished a golf putter" near a ranger at the park. She said he would use the putter to hit a ball while walking with his dog.
Kathleen Bils also told the television station her son was diagnosed with paranoid schizophrenia, was afraid of and had previous run-ins with law enforcement and didn't understand the coronavirus-related public health orders that prohibited access to state parks and had, just days before, mandated the wearing of face masks.
