Body-cam video released Tuesday depicts an apparently suicidal homeless man’s confrontation with a San Diego County sheriff’s deputy just prior to his fatal shooting.
Deputy Maxwell Hammond shot and killed Gary Wayne Gates, 51, at about 1:30 p.m. Dec. 21, a half hour after Gates called 911 asking to speak with a specific officer. After hanging up on the dispatcher, the man approached deputies near the Imperial Beach Pier during a festival.
Multiple bystanders witnessed the shooting, in the 900 block of Seacoast Drive, according to the San Diego County Sheriff’s Office.
The video, posted on the Sheriff’s Office YouTube account, is composed of body-cam video from Hammond and other deputies, along with a recording of the 911 call.
The footage shows Gates speaking to Hammond, with whom he was acquainted. Another deputy asks, “you alright, dude? and Gates replies, “no.” After Hammond says, “Gary, what’s going on, man, what’s going on, let’s just have a conversation,” Gates indicates he’s willing to talk to one of the deputies, but not to the other.
Gates then asks for a favor, “since this is going to be a crisis.”
Hammond moves toward Gates, who immediately cries, “back up!” while stepping backward into the street. He continues to yell, “back up!” while Hammond tries to tell him it’s OK. “Gary, you’re not in trouble, man,” the deputy says.
But Gates, now agitated and cursing, reaches into his right pocket, pulls out an object that the Sheriff’s Office described as a knife and tells the deputy to “get your gun out.” He adds “don’t miss.”’
The deputies urge Gates to stop, but he begins advancing on Hammond, who asks a sergeant to get a bean bag – a less lethal means of firing on a subject – from his car. Gates, continuing to yell “don’t miss,” moves closer to Hammond, who pulls the trigger, striking the man. The object Gates held flies to the ground. A deputy calls out that five shots were fired.
Gates, while lying on the sidewalk, can be heard saying “I forgive you.” The situation – from the moment Gates demanded that deputies “back up” to the shooting – lasted about 24 seconds.
Hammond is shown in body-cam footage administering aid to Gates, who later died from his injuries.
Sheriff’s officials described Gates as homeless and known to frequent the area near the pier.
Two days before the shooting, unidentified deputies had another encounter with Gates. They were told witnesses had heard the man say that he would “commit suicide by cop” if law enforcement officials approached him.
Investigators said at that time he bore a foldable knife with a 6-inch blade. According to deputies, he initially threatened to stab himself with it, but after contact with the Sheriff’s Office’s mental health team and crisis negotiators, Gates put the knife away. Authorities said Gates did not threaten deputies or others on Dec. 19.
The San Diego Police Department is investigating the shooting, per a countywide agreement to avoid the appearance of conflicts of interest.
The San Diego County District Attorney’s Office will review the SDPD’s investigation, along with the County’s Citizens’ Law Enforcement Review Board.
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