The shooting happened on Dec. 12, 2016 in the 7900 block of Silver Birch Avenue in southwest Bakersfield.
District Attorney Lisa Green said the BPD officer who fired seven shots at Serna, Officer Reagan Selman, has been cleared. Green said that the number of shots that were fired did not play a factor in justifying Officer Selman's use of deadly force because he stopped firing when Serna fell. Five of the seven shots that were fired struck Serna.
Six officers were on scene and ordered Serna to stop and to show his hands, which were concealed, according to the DA's Office. Serna didn't do either, and Officer Selman who was approximately 15 to 20 feet away from him, fired.
Green said Serna had a legal duty to comply with the officers' orders.
Family has said that Serna, 73, was suffering from dementia when was shot and killed by police. Serna was originally believed to be armed with a pistol. After he was shot, police found that Serna had a crucifix in his jacket pocket.
His death in 2016 made national headlines. In July, the review board found that all shots fired by BPD were within department policy.