VIDEO: Man Points Replica Gun At Deputy, Cops Respond With 35 Real Bullets

Josue Gallardo was the subject of an active $25,000 warrant at the time of the encounter.

Atascadero, CA – The San Luis Obispo County Sheriff’s Office (SLOCSO) has released dashcam footage that captured the moment that an armed man, fueled by a potentially lethal amount of cocaine, was fatally shot by deputies during a traffic stop (video below).

The officer-involved shooting was determined to be justified by San Luis Obispo County District Attorney Dan Dow in February, according to Dow’s 13-page report.

The incident began at approximately 12:05 a.m. on Jan. 24, 2017, when San Luis Obispo County Sheriff’s Deputy Gregory Roach and Deputy Jonathan Calvert spotted a rental vehicle that Deputy Roach recognized.

The license plate matched the vehicle Deputy Roach had seen 34-year-old Josue Gallardo driving during at least one prior encounter.

Deputies had been called to assist Gallardo multiple times for various suicidal threats he had made during a nearly seven-month period prior to the officer-involved shooting.

Dispatch confirmed that Gallardo was the subject of a $25,000 warrant, and that he was also the defendant in two active restraining orders.

Dashcam footage showed the deputies as they pulled up alongside the vehicle while traveling southbound down U.S. Highway 101.

They shined a light into the suspect vehicle, and Deputy Roach recognized Gallardo as the driver, according to Dow’s report.

The wanted suspect was the only occupant inside the car.

The deputies pulled Gallardo over near the Highway 58 exit at 12:08 a.m., and both drew their duty weapons as they approached his vehicle.

As Deputy Calvert made contact with the suspect, Deputy Roach went to the passenger side of the car and shined his flashlight inside.

Gallardo was “tense” and “agitated” from the start, according to the district attorney’s report.

“This is f--ked up, man,” he told Deputy Calvert, who grew concerned that Gallardo was either about to fight or to run away.

“Let me see your hands right now, please,” Deputy Calvert told him, as he covered him with his duty weapon.

“I want you to shoot me,” Gallardo said to him. “I want you to kill me.”

Deputy Calvert told him he did not want to kill him, and ordered him to show his hands.

“Dude, I didn’t do anything wrong man,” Gallardo replied.

The deputy calmly instructed the suspect to get out of the vehicle, and to get down onto the ground, but Gallardo again started telling him to shoot him, the video showed.

“I don’t want to shoot you,” Deputy Calvert replied. “Do you have a gun? Yes or no?”

“A gun?” the suspect asked, without providing an answer.

The deputies ordered Gallardo to show his hands, and Deputy Calvert moved towards the rear portion of the suspect’s vehicle as the driver’s door opened slightly, the video showed.

At the same moment, “Deputy Roach clearly saw Gallardo’s hand move down and toward his right pants pocket,” Dow’s report read.

“With the aid of his flashlight, Roach could clearly see Gallardo’s lower torso area, and saw him reach into his pocket and pull out a gun,” according to the report. “He saw Gallardo swing the gun up and across his body toward the driver’s door, and it appeared that Gallardo was about to shoot Deputy Calvert.”

Deputy Roach began firing into the vehicle, and Deputy Calvert followed suit, the video showed.

“Deputy Roach continued to fire until he saw Gallardo’s body fall forward and slump toward the right of the steering wheel,” the district attorney noted.

He fired a total of 15 rounds into the vehicle, and Deputy Calvert fired 20 rounds.

The deputies backed away from the vehicle and waited for additional officers to arrive at the scene.

Deputy Roach then approached the vehicle and recovered a Legends BB pistol from Gallardo’s right hand.

He checked for a pulse, but was unable to detect one.

Gallardo was pronounced dead at the scene just after 12:30 a.m.

An autopsy revealed that Gallardo bled to death due to 12 gunshot wounds caused by 7 bullets. The fatal round entered the back, right side of his head, then exited just above his left eyebrow.

“Gallardo had 1.05 grams of cocaine in his right shoe, as well as a ‘potentially toxic’ level of cocaine in his blood at the time of his death,” the district attorney’s report read.

More cocaine was located at the hotel room where Gallardo had been staying.

Investigators found a suicide note in the trunk of Gallardo’s vehicle after the officer-involved shooting, according to Dow’s report.

He wrote that he wanted to end his life because he discovered that his wife, Frances, had been cheating on him for seven months, and noted that he was also struggling with drug addiction.

“First of I'm very sorry to my family for taking the cowards way out, mainly my 2 boys, my great mother, my 3 sisters, and my brother,” Gallardo wrote. “Yes my kids are the most important thing but everything that's going on is to overwhemly.”

Investigators discovered that Gallardo started using cocaine, and that he had lost a job he had held for 14 years shortly before the altercation with police, Dow’s report read.

He had purchased the weapon at the Paso Robles Wal-Mart about a week earlier.

Gallardo’s widow, Frances, filed a wrongful death lawsuit against the department in November of 2018, KSBY reported.

She alleged that the deputies wrongfully detained her husband and claimed that they used excessive force during the encounter.

The lawsuit further argued that the deputies were aware that the suspect “was a non-violent individual who was battling depression and suicidal ideation at the time,” according to KSBY.

“Josh was a loving father and a valued member of his community,” Frances’ attorneys said in a statement on Saturday.

“Reports suggesting that he was suicidal miss the point: law enforcement officers do not get to kill suicidal people and need to be properly trained to deal with this common mental health scenario,” the statement read. “We intend to aggressively litigate this case, shedding light on the problematic professional pasts of these officers and the clear unconstitutional killing of Josh.”

The attorneys alleged that “County officials” have attempted to “push” a “self-serving” narrative, and claimed that the county’s version of events is “unsupported by the evidence.”

“Josh’s death was a tragedy for his family and we hope future news coverage is respectful and avoids rumor-mongering and victim-blaming,” the statement concluded.

You can watch the deputies’ encounter with Gallardo in the video below. The shooting happens at around the 2:50 mark. WARNING - Graphic Content

Comments (23)
No. 1-18
Trueferblue
Trueferblue

Isn't it amazing how these pieces of shit are just that to their families until the POS's get killed by cops due to the pos's criminal activity? Then, when the "Cha-Ching! Cop lottery" is played, the Pieces of SHIT Become Pillars OF THE Community!

vbenskin40
vbenskin40

They had no choice!

Daughter
Daughter

The officers did exactly what they were trained to do!!

abrecos55
abrecos55

Exactly to create a victims out of criminals,drug dealers an same garbage. Yeah made saints out of literally junk.

LEO0301
LEO0301

Of course, this is a given for every police shooting. Sue, sue, sue, and like purchasing a lotto ticket, hope you hit your lucky numbers. It won't be long before we see a photo of the deceased taken at his high school graduation.

JBo
JBo

“I want you to shoot me,” Gallardo said to him. “I want you to kill me.”

Wish granted.

BruthaV
BruthaV

"An autopsy revealed that Gallardo bled to death due to 12 gunshot wounds caused by 7 bullets."

If he believed in reincarnation, maybe he'll come back as a sieve/strainer in his next life.

VoiceOfReason2019
VoiceOfReason2019

Justified, If an officer asks if you have a gun, even a fake replica, you need to speak up and say, Yes, but it's a toy. While keeping your hands up even if asked to turn off the engine, That is a quick twist of the wrist. When it is dark, it is better to comply and overly engage the officer with what you are doing. To avoid this type of outcome.

Officers, have every right to protect themselves, and at night, 68% off fatalities to an officer on a traffic stop, have happened. Officer acted rationally, and quickly to avoid a serious impending doom. Regardless of the Gun, fake or not, it should have been addressed to the officer.

I Really enjoyed the level headedness of the officers, calmly approaching the car, calming asking questions, not yelling or screaming at the suspect. By the BOOK~

spd522
spd522

Lawyers that take on such cases are lower than the usual lawyer scum. Were I a judge, I would toss every BS case like this that came into court.

cspcapt
cspcapt

Ok now it's don't bring a knife or fake gun to a gun fight

investigator
investigator

Good job Officers!!!

Old Hawg
Old Hawg

A classic case of "suicide by cop".

Stanracer
Stanracer

There's a lesson to be learned here. Don' ever pull a gun, real or replica, on the police. You will get shot!

Chief Deputy
Chief Deputy

Lawyers are the most waste of a human being right next to the scum they represent

charlesjandecka
charlesjandecka

Overkill and shitty training! A couple years back, two officers in my town killed a bank robber with maybe 4 shots as he exited his car with what turned out to be a look-alike hand gun. The shooting took place in Westlake, OH and the officers were from North Olmsted, Ohio.Training and discipline is everything!!

jbrett
jbrett

Police and FOP should fight for federal laws banning criminals involved in violent acts from any filing lawsuits all with the hope of a settlement. Wake up people, stop feeling sorry for violent criminals.

ZionTank
ZionTank

All in all that was an expected outcome. I understand the predicament the officers faced. In the heat of the moment that was an average / OK course of action.

In hindsight (and sat comfortably) - it would make it easier legally if they have used less and better aimed rounds.

I would support the part of the comment above which is basically saying the same neutralizing effect should be able to be achieved with a revolver.

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Kind Regards

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SDLucas
SDLucas

Please forgive my ignorance and my perhaps wrongly directed question; by why isn't there an arraigned procedure for civil lawsuits, similar to what we do with grand juries of criminal court cases.
Shouldn't a lawsuit have to demonstrate merit before going to trial? This so-called "ghetto lottery" thing people keep doing enables people to profit unfairly because jurisdictions would rather pay off the accusers rather than take the chance of an even more expensive trial and irrational jury award.