NAPA, Calif. - The Napa County sheriff's office released body-camera footage Wednesday showing a sergeant fatally shooting a man who advanced on him with one hand behind his back.
But Juan Adrian Garcia, 47, of Napa was unarmed.
The footage shows Sheriff's Sgt. David Ackman pulling Garcia over on the night of Oct. 5 for driving without headlights on.
Instead of staying in his car near Highway 221 and Kaiser Road, Garcia, 47, threw his cell phone out the window, then got out of his car and walked toward the sergeant with one hand behind his back.
"Fearing that Mr. Garcia had a deadly weapon tucked behind his back, the sergeant drew his firearm and pointed it at Mr. Garcia," said Sheriff John Robertson.
The sergeant moved backward and repeatedly asked Garcia to stop and show his hands, but he refused.
Authorities say Garcia kept his hand behind his back and walked aggressively toward the sergeant, who moved around his patrol vehicle to create distance between the two of them.
But Garcia then picked up the pace.
"Stop!" Ackman yells before opening fire.
"Perceiving a deadly threat, Sergeant Ackman fired six shots at Mr. Garcia," Robertson said. "All six shots struck him."
Garcia died the next day.
Deputies confirmed that Garcia was not armed. But they say he has a history of DUI arrests and was also drunk that night.
"Mr. Garcia's serum blood-alcohol level when he arrived at Queen of the Valley Hospital was .338," more than four times the legal limit, the sheriff said.
Ackman is a 21-year veteran of the sheriff's office. He's been placed on routine paid leave.
The sheriff says the body-cam footage makes clear that the sergeant had no choice but to open fire.
"After reviewing that, we have determined that the (sergeant) acted according to policy and also according to his training," Robertson said.
This is the second deadly shooting involving the Napa County sheriff's office in six months. Both incidents are under investigation by the sheriff, Napa police and the district attorney's office.