OFFICE OF

HALL OF JUSTICE - DAVI . RE 
330 WEST BROADWAY THE DISTRICT ATTORNEY 
SAN DIEGO, CA 9210] COUNTY OF SAN DIEGO
(619) 531-4040
SanDiegoDAcom 1 1, 
SUMMER STEPHAN
DISTRICT ATTORNEY

April 11, 2019

Chief of Police David Nisleit

San Diego Police Department
1401 Broadway, Mail Station 700
San Diego, CA 92101

Re: Fatal shooting of Mr. Joseph Darwish on June 23, 2018 by San Diego Police Officers
Shawn Boggeman and Francisco Roman; San Diego Police Department Case 18-019499;
DA Special Operations Case No. Deputy District Attorney Assigned: David
Grapilon

Dear Chief Nisleit:

We have reviewed the reports and other materials compiled by your agency?s Homicide Division
concerning the circumstances leading to the fatal shooting of Mr. Joseph Darwish by Of?cers Shawn
Boggeman and Francisco Roman on June 23, 2018. District Attorney Investigators responded to the
scene and were briefed by your of?cers. The completed case investigation was presented to the
District Attorney?s Of?ce for review on December 27, 2018.

Summary

At approximately 10:16 pm on June 23, 2018, San Diego Police received a call from Darwish?s
neighbor who reported Darwish was walking back and forth in the condominium hallway, cursing,
yelling, and slamming doors as he yelled at a female. Police responded to his condominium unit but
received no response. Of?cers smelled smoke emanating from Darwish?s condo and called ?re
personnel to assess the situation. Police knocked on the door for over 20 minutes. To ensure there
was no ?re danger, ?re personnel forced entry into the home. Darwish immediately opened ?re with
a large caliber weapon, striking an of?cer in the back. Boggeman and Roman returned ?re while
backing away from the residence with the wounded of?cer. During the ensuing gun battle, Roman
was shot by Darwish. Darwish was eventually found deceased from a self-in?icted gunshot wound to
his head. He had also been struck in the arm and face from Boggeman?s shotgun ?re. He was
wearing a ballistic vest and armed with a homemade, un-serialized assault weapon and a homemade,
un-serialized 9mm semi-automatic pistol. The of?cers were justi?ed in using deadly force to defend
against Darwish?s attempts to kill them.

Persons Involved

Darwish was a 28-year?old San Diego resident who lived in the one-bedroom condominium.
Boggeman had been employed as a police of?cer for approximately four years. Roman had been
employed as a police of?cer for three years.

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April 11, 2019
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Background

Of?cers responded to Darwish?s unit about a week prior on June 15, 2018, when the reporting party
reported Darwish had been yelling and possibly ?ghting or striking a woman who was screaming
inside the unit. Police responded, but no one answered the door to Darwish?s unit and of?cers cleared
from the call. This information was cross?referenced with the incident on June 23rd but the details
were not broadcast over the air.

Law Enforcement Witnesses

Dozens of law enforcement of?cers responded to the radio call for assistance broadcast by
Boggeman and Roman. The majority of those of?cers arrived at the shooting scene after Darwish
stopped ?ring. Those of?cers attended to various tasks, including perimeter security and SWAT
deployment. Only three of?cers were present during the initial shooting: Boggeman, Roman, and
Law Enforcement Witness 1 (LE1). Law Enforcement Witness 2 (LE2) arrived after Boggeman and
Roman requested help.

Law Enforcement Witness 1 (LE1)

LE1 was dispatched to a radio call of a male screaming. Information from a previous radio call at the
same address had been cross-referenced on the of?cer?s data terminal. That information referred to a
male and female arguing in the hallway. It appeared of?cers had responded earlier and had spoken
with the male, but no report was taken.

LE1 arrived at the location. Boggeman and Roman had already arrived. LE1 walked into the hallway
and smelled a strong odor of smoke emanating from Darwish?s unit. Boggeman knocked on the door
and announced their police presence. Boggeman walked to the back alley to see if he could detect if
the condo?s interior lights were on. LE1 continued knocking on the front door and identifying
himself as a police of?cer. He knocked on the door for about 20 minutes.

LE1 summoned the ?re department to determine if they needed to force entry. Two probationary
?re?ghters and their trainer arrived. The ?re?ghters told the of?cers they could force entry to make
sure there was no danger of the building catching on ?re. The patrol supervisor authorized entry.

The door had two deadbolts and no handle. Two ?re?ghters forced the door open and immediately
stepped aside. LE1 saw the unit was ?lled with smoke. He saw a mattress on the ?oor but did not see
anyone inside. LE1 heard a loud explosion, but didn?t think it was a gunshot because it was so loud.
LE1 fell on his back and heard gunshots being ?red. LE1 could see Boggeman and Roman shooting.
LE1 said he never saw Darwish inside the condo. LE1 instantly went rigid and felt as if he had been
tasered. He fell onto his back and was unable to move. Boggeman and Roman called out to him,
urging him to move away from the doorway. It took several seconds for LE1 to regain feeling back
into his toes. He managed to roll onto his stomach but still had no feeling in his arms, and used his
toes to slowly push himself forward on the ?oor. Things started to loosen up and LE1 crawled down
the hallway. There was a gun battle taking place as he crawled down the hall. LE1 could not recall if
he tried to draw his pistol to return ?re. LE1 was still was unable to utilize the full strength of his
arms and legs.

Boggeman kept telling LE1 to keep his head down and realized Boggeman was ?ring over his head
to return ?re on Darwish. Roman was positioned to the left of LE1 and was crouched down,
returning ?re. Boggeman opened a window and got out. LE1 tried to crawl through the window, but

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equipment on his gun belt prevented him from ?tting through, causing him to become stuck while
facing the window.

Boggeman was outside and yelling at LE1 to keep his head down. Boggeman and Roman were both
returning ?re. Boggeman handed them a shield. Roman told LE1 he (Roman) was shot. LE1 yelled to
Boggeman that a second of?cer was down. Boggeman broadcast it over the radio. LE1 said he felt
horrible because Roman got shot saving LE1 ?5 life when Roman could have easily gone out the
window.

LE1 tried to break the window with his ?ashlight but it was too dif?cult to break. LE1 kicked the
frame out with his feet. Two of?cers on the ground below told him to jump. LE1 went out head-?rst
and the of?cers cushioned his fall. LE1 heard Roman getting out behind him. The two of?cers
helped LE1 to an awaiting patrol car and drove him to a hospital.

Law Enforcement Witness 2 (LE2)

LE2 responded to the radio call of shots ?red. He arrived and found ?re?ghters running west down
the alleyway. They pointed to Boggeman, who was standing outside a window. LE2 heard gunshots
and ran towards Boggeman, who told LE2 to retrieve a shield from Boggeman?s patrol car. LE2 ran
to Boggeman?s car, grabbed the shield, and ran back to Boggeman. LE2 looked inside the hallway
and saw LE1 lying face?down on the floor. Roman was in a kneeling position, providing cover to
LE1. LE2 handed the shield to Boggeman, who shoved it through a hole in the window to Roman.
Just as Roman propped up the shield, they started receiving gun?re. LE2 estimated between eight
and twelve gunshots were going through the hallway window. LE2 kept his gun pointed down the
hall towards the suspect and telling LE1 to stay down. LE2 heard Boggeman returning ?re with the
shotgun.

LE2 said Roman kicked the lower part of the window out. As soon as it came free from the wall, LE2
removed the window and helped guide LE1 out to of?cers below. This happened while the of?cers
were under ?re. LE2 said he helped guide Roman out from the hallway.

Statement of Of?cer Francisco Roman

Roman had been to the same residence in the past to handle a noise complaint. The previous incident
was non-eventful because no one answered the front door. On this call, a male standing outside of the
condo building unlocked the door and escorted them to unit The male said of?cers had been to
that unit on multiple occasions for the same resident. The male then left.

Roman smelled smoke when he entered the building. Boggeman said the smoke was coming from
unit They knocked on the door for a number of minutes before Boggeman called for the ?re
department to respond. LE1 arrived and knocked on the front door and announced himself. The ?re
department arrived ten to ?fteen minutes later. Once they received permission to breach the door,
LE1 knocked on the door again and gave a ?nal warning to let the resident know they were about to
breach the door. Fire?ghter 1 breached the door and stepped off to the side. It was dark inside
and it was smoky. Before they could step inside, Darwish started shooting at them. Roman saw
Darwish?s face and could see he had a beard. The of?cers retreated. Darwish ?red through the wall
and struck LE1 in his shoulders. Roman saw a red mark go across the top portion of LE1 ?s neck.
Roman previously served in the US Marine Corps and immediately recognized the sound of
Darwish?s weapon as ri?e ?re.

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LE1 fell straight to the ground and dropped his gun, stating he could not move. Roman and
Boggeman returned ?re. Roman ?red six or seven rounds through the wall where he thought
Darwish would be. Darwish continued shooting and appeared to be tracking and ?ring his rounds
closer towards the of?cers. Darwish ?red six or seven rounds at the of?cers at this time.

Roman tried to drag LE1 down the hallway with his right hand while holding his weapon in his left,
pointing it toward Darwish?s front door. Roman saw the rounds piercing through the walls above
their heads. Darwish stopped ?ring momentarily but resumed shooting. Roman and Boggeman
returned ?re. Boggeman kicked out the window and climbed outside. Darwish ?red at them again
through the walls. A few moments later, Boggeman handed a Roman a shield. As soon as Roman
placed the shield in front of him and LE1, Darwish ?red rounds at them. Roman was tucked behind
the shield. Roman returned ?re until his pistol was empty, reloaded, and ?red approximately ten
more rounds.

Roman saw Darwish poke his head out from his doorway low to the ground, and point his ri?e at
them. Roman ?red at Darwish again. Darwish continued shooting and struck Roman underneath his
left clavicle. The round ricocheted off of Roman?s chin. Roman told LE1 he was hit and continued to
return ?re toward Darwish. LE1 then got up and kicked out the window frame. Once the opening was
wide enough, LE1 climbed out, head ?rst. Roman climbed out and dropped to awaiting of?cers. He
was evacuated to the hospital emergency room.

Statement of Of?cer Shawn Boggeman

Boggeman responded to the radio call of a disturbance. The reporting party told the dispatcher a
subject seemed violent and was behaving erratically in the hallway of the building. The dispatcher
informed the of?cers of a previous incident, involving the same subject, at the same address.
Boggeman did not read the information from the previous incident because he was too busy driving
to the call.

Boggeman was the ?rst to arrive. He was greeted by a male who assumed the police were called for
the resident in unit The male commented something about the resident from unit #5 being off his
medication again. The male then directed Boggeman to the front entrance and let him into the
building. Roman showed up shortly thereafter. Boggeman was familiar with the building and
propped open the front door with large rocks to allow LE1 access when he arrived. The male led
Boggeman and Roman to the front door of unit Boggeman immediately noticed the odor of
burned paper coming from inside the unit. The front door had no door knob- just two deadbolt locks.

When LE1 arrived, Boggeman knocked on the front door with his flashlight and announced his
presence, but no one responded. The of?cers alerted the ?re department to assess the threat of the
smoke coming from the residence. Boggeman walked outside to get a look at the exterior of the
building and ascertain if there were ?ames or other signs of burning inside of unit but didn?t see
any obvious flames and returned to the hallway. LE1 continued knocking on the door, asking the
resident to answer. Boggeman estimated the officers knocked on the door about thirty times.

Boggeman met the ?re?ghters outside to guide them in. Boggeman explained the situation to better
prepare the ?re personnel of the potential threat. The ?re?ghters equipped themselves with full ?re
gear, breaching tools, and an instrument to detect heat on the front door of the condo. The ?re?ghters

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determined there was no active ?re but something inside was producing smoke. Boggeman?s
supervisor gave permission to force entry in order to check the welfare of the occupants. LE1 gave a
few more announcements at the front door.

Boggeman formulated an entry plan. LE1 would be the ?rst to enter, Boggeman second, and Roman
would enter last. The ?re?ghters breached the door, but before LE1 could take a full step inside, the
of?cers received gun?re from inside. Boggeman saw ?ashes and heard pops which he quickly
realized was gun?re. Boggeman retreated down the hallway with two of the ?re ?ghters. Boggeman
?red his pistol through the wall towards the origin of the gun?re from unit Boggeman saw LE1
go down but did not see what caused him to fall. Roman was crouched down next to LE1. The
gun?re was penetrating the wall, landing within a couple of feet of the of?cers and ?re?ghters. It
was slow but continuous ?re. Boggeman estimated Darwish ?red about twenty to thirty rounds by
that point.

Boggeman ?red until empty and reloaded while standing in the hallway. Both of the ?re?ghters
crawled out the window at the end of the hallway. LE1 managed to crawl toward Boggeman at the
end of the hallway. Roman stayed with LE1. The three of?cers were trapped at the end of the
corridor. Boggeman knocked on the door east of Darwish?s residence but received no response and
couldn?t get in. Boggeman squeezed through the window and climbed up to a balcony adjacent to the
window. He hung over the edge and provided cover for LE1 and Roman. There was a ten to twenty
foot drop alongside the balcony, but he had a clear view of Darwish?s front door. Darwish poked his
head out the front door and ?red down the hallway at them. Boggeman heard other police units
approaching behind him and requested a ri?e and a shield. The ?rst unit arriving (LE2) provided a
shield, which Boggeman pushed through the window opening to Roman. As soon Roman set the
shield up, Darwish started ?ring at them.

Boggeman returned ?re to force Darwish to keep his head down and stop ?ring. Boggeman yelled
for a ri?e and an of?cer handed him a shotgun. Boggeman re?holstered his pistol and aimed at
Darwish?s front door, aiming over LE1 and Roman. Darwish poked his head out again and
Boggeman ?red the shotgun. Boggeman believed he struck Darwish in the head but was not sure.
Boggeman noticed the gun?re from Darwish stopped.

LE1 or Roman was able to kick out the window at the end of the hallway and escape. Of?cers below
caught LE1 and Roman as theyjumped from the window. Boggeman assisted the SWAT unit by
helping to guide a robot with a camera to Darwish?s residence. The robot entered the residence and
con?rmed Darwish was down and was not moving. Boggeman then reported to the command post.

Statement of Fr?rcf?ghter Witness 1 

W1 and members of his ?re station were dispatched to Darwish?s condominium building regarding
the smell of smoke in the area. Police of?cers directed them to unit where the smell of smoke was
originating. Two police of?cers stood at the door and attempted to make contact with any occupants.
The of?cers at the scene were waiting for approval from their sergeant to have the ?re department
personnel force entry into the unit.

worked on the door with his forcible entry tool. FW3 told W1 to not stand directly in front of
the door to the unit because of?cers had told him the occupant had a history of mental health issues.
took about ten seconds to open the door. could see lights coming from the interior of the

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unit. As soon as the door opened, immediately stepped back. Two of?cers then entered the unit
with their handguns drawn. was standing next to FW2, to the left of the front door. FW3 and
FW4 were standing to the right of the door. heard the ?rst gunshot, but did not immediately
recognize it as a gunshot. and FW2 moved away from the unit, towards the left. W2 ran down
the hallway, away from the shooting in the unit. saw the rounds ?red by the suspect were
coming very close to him. took cover in the alcove to unit which was directly across the hall
from unit #24.

heard the suspect ?re eight to nine rounds from what he believed to be a shotgun or similar
weapon. The of?cers returned ?re. began seeing projectiles impacting the walls near him. The
suspect and of?cers exchanged more volleys of gun?re. saw an of?cer at the other end of the
hallway, lying on his back, with his feet towards The of?cer had his ?rearm pointed towards
W1 because the suspect?s unit was between them. The of?cers signaled to to take cover. The
of?cers and ?re personnel at the other end of the hallway attempted to kick out the second story
window to make their escape. heard one of the of?cers say he thought he was shot in the back.
After another round of gun?re, heard a second of?cer say he believed he had also been shot.

heard the suspect reloading his weapon inside the unit and the sound of rounds falling to the
?oor. The ?rst of?cer who had been shot escaped out the window at the other end of the hallway.
did not see exactly how he made it out the window because was trying to stay behind
cover.

still held the entry tool used to force open the suspect?s door and was about to use it to open the
door at his alcove. Once W1 started to do so, there was another volley of gun?re. He stopped and
stayed in cover in the alcove. heard the suspect saying, ?I?m going to come out. I?m going to
come out.? thought the suspect was going to give up. heard movement inside the unit, but
the suspect never came out. could not remember if that was before or after the of?cers and ?re
personnel escaped out the window.

pushed his radio?s emergency button and requested help. eventually heard the sound of
police of?cers approaching. removed his helmet and held it around the corner to show the
of?cers he was there. The of?cers instructed him to remain where he was as the of?cers made their
way down the hallway and evacuated him. never saw the suspect or his weapon.

Statement of Fire?ghter Witness 2 (FW2)

The of?cers at the scene were knocking on the door of a unit, attempting to speak with the occupants.
They didn?t receive a response. Of?cers told them there was a history of mental health related calls at
the unit. FW2 smelled smoke in the hallway outside unit The ?re?ghters stood by for ten to
?fteen minutes while of?cers knocked on the front door. One of the of?cers walked around the
building to see if anyone was inside the unit, reported the blinds were closed, but lights were on
inside.

One of the of?cers said he received permission to force entry to address the smoke in the hallway.
worked to open the door to unit The door came most of the way open and said there
were lights on inside. readjusted the entry tool and, on a second effort, opened the door. 
and FW2 both stepped back into the hallway. FW2 said an of?cer (LE1) was the ?rst to enter. As
soon as LE1 crossed the threshold, he was met with gun?re. FW2 never saw anyone inside the unit.

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It appeared the unit was under construction. It did not look like a furnished unit. He saw a door
leaning up against the wall.

FW2 believed nine to ten gunshots initially rang out. FW2 did not know if those were all from the
suspect or if some were ?red by of?cers. and FW2 ran westward down the hallway while FW3
and FW4 ran eastward down the hallway with the police of?cers. W1 took cover in unit #63
alcove, while W2 took cover in unit #7?s alcove. W2 saw an of?cer crawling east down the
hallway attempting to get out of the line of ?re. Multiple projectiles struck the walls near and
FW2.

FW2 knocked on the door to unit #7 and took cover inside. FW2 remained inside unit #7 for what he
believed to be approximately ten minutes. He attempted to leave the unit when there was a pause in
the gun?re outside. However, as soon as he stepped out into the hallway the gun?re resumed. FW2
and the occupant escaped the unit through the rear second story window where four to ?ve police
of?cers were standing by. W2 walked back to his ?re engine.

Civilian Witnesses

FW3 and FW4 were also present during the incident, though they were not involved in the breaching
of the door. Their statements were consistent with the evidence at the scene and statements of other
witnesses. Detectives interviewed numerous civilian witnesses/residents during the course of the
investigation. Many residents in the complex were familiar with Darwish and knew of his irrational,
violent history. Several witnesses heard the of?cers announce their presence and ask Darwish to open
his door so they could speak with him. None of the residents interviewed saw the actual shooting,
though several heard the gun?re and the ensuing police response in the aftermath. Several residences
sustained bullet damage when rounds penetrated the walls of their unit.

Investigation

San Diego Police reports, homicide investigators reports, audio recorded interviews of witnesses,
crime scene photographs, and body worn camera video of the incident were reviewed for this
investigation. The evidence was found to be generally consistent with the of?cers? statements and the
statements of the civilian witnesses. The body?worn camera footage con?rms Darwish ?red at the
of?cers immediately after LE1 entered the unit. LE1, Boggeman, and Roman were located in the
east-west hallway when Darwish?s front door was breached. Darwish immediately ?red two shots
through the open door and struck the wall behind the of?cers. LE1 stepped back into the hallway
after the initial gun?re. LE1 received a perforating gunshot wound from his right shoulder to the left
shoulder. LE1 then fell down to the floor after being shot. LE1 crawled into the hallway and was
covered by the shield handed through the window by Boggeman and held by Roman during the
gun?ght with Darwish. The shield sustained bullet damage during the incident.

Darwish ?red at least twenty-two shots from inside the unit, based on the spent ri?e casings,
trajectories, and defects originating from within Darwish?s residence. Darwish stepped out into the
hallway and ?red at least another eleven shots in an easterly direction, based on the spent ri?e
casings found in front of the entry door area and trajectories observed in the hallway.

In reviewing Roman?s BWC, LEland Roman were located at the east end of the hallway. Roman
assisted LE1 down the hallway after LE1 was shot. Boggeman and Roman returned ?re in a westerly
direction. LE1 and Roman eventually exited the hallway through the broken window. Roman

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received gunshot wounds to his chin, neck, and left shoulder. Roman ?red his pistol a total of
twenty-two times.

Boggeman?s BWC stopped recording when he and FW3 and FW4 reached the end of the hallway.
Boggeman climbed out the hallway window and remained on a ledge maintaining cover over the
?re?ghters and of?cers from his position. An of?cer gave Boggeman a shotgun. Boggeman ?red his
pistol a total of seventeen times and ?red the shotgun twice. He received minor non-gunshot injuries
to his lower right leg and left knee.

Autopsy

Deputy Medical Examiner Dr. Robert Stabley conducted the autopsy of Darwish. Darwish sustained
a fatal, close-range discharge gunshot wound to his head, a gunshot wound to his chin, and a gunshot
wound to his right forearm. Dr. Stabley determined the cause of death was the perforating gunshot
wound of the head and the manner of death was suicide. Toxicological testing of Darwish?s blood
revealed the presence of cannabinoids.

Legal Analysis

This review was conducted pursuant to the joint protocol between this of?ce and all San Diego law
enforcement agencies calling upon the District Attorney to conduct an independent assessment of the
circumstances surrounding the use of deadly force. The purpose of the District Attorney's review is to
provide an independent analysis and determine if the shooting was legally justi?ed.

Under California law, peace of?cers may use deadly force to protect themselves from the threat of
death or great bodily harm and to use reasonable force in making an arrest. California Penal Code

section 835a allows an of?cer to use reasonable force to make an arrest and to overcome resistance
by a person whom he has reasonable cause to believe has committed a public offense.

In accordance with Penal Code section 196, peace of?cers may use deadly force in the course of their
duties under circumstances not available to members of the general public. We are mindful,
however, that certain limits on the use of deadly force apply to peace of?cers. The US. Ninth Circuit
Court of Appeals, in the case of Scott v. Henrich (9th Cir. 1994) 39 F.3d 912, delineated those
circumstances under which deadly force may be used:

[P]olice may use only such force as is objectively reasonable under the
circumstances. An of?cer?s use of deadly force is reasonable only if ?the of?cer
has probable cause to believe that the suspect poses a signi?cant threat of death
or serious physical injury to the of?cer or others.? All determinations of
unreasonable force ?must embody allowance for the fact that police of?cers are
often forced to make split-second judgments in circumstances that are tense,
uncertain, and rapidly evolving about the amount of force that is necessary in a
particular situation.??

The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable
of?cer on the scene, rather than with the 20/20 vision of hindsight. Graham v. Connor (1989) 490
US. 386, citing erry v. Ohio, 392 U.S., at 20-22. In addition to any laws applicable to situations
where peace of?cers use deadly force in accomplishing their duties, the law of self-defense is
available to any person. A person acts in lawful self-defense or defense of another if she reasonably
believed that she or someone else was in imminent danger of suffering bodily injury, believed that

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the immediate use of force was necessary to defend against that danger, and used no more force than
was necessary to defend against that.

Conclusion

The involved of?cers responded to a male yelling and creating a disturbance. Upon arrival, they
smelled smoke coming from Darwish?s unit. After extensive knocking and announcing their
presence, they forced entry lawfully with the assistance of the ?re department to check the welfare of
the occupants and to determine whether the smoke was a danger to the residents of the complex.
Darwish opened ?red upon them immediately, striking LE1. Roman and Boggeman returned ?re to
protect themselves, LE1, the ?re?ghters and residents from the high-caliber gun?re. Despite being
assaulted by Darwish?s tactical advantage and superior ?repower, Roman and Boggeman maintained
concentrated, suppressive ?re, keeping Darwish at bay and striking him several times until Darwish
killed himself. Based on these circumstances, the of?cers bear no state criminal liability for their
actions.

Sincerely,

 

District Attorney

SS:ab

cc: Captain Tom Underwood
San Diego Police Department
Homicide Division
1401 Broadway, Mail Station 713
San Diego, CA 92101