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Kern County District Attorney's Office says CHP officer who shot and killed man was legally justified

Posted at 9:48 PM, Dec 27, 2019
and last updated 2019-12-28 00:48:39-05

BAKERSFIELD, Calif. — The Kern County District Attorney's Office announced Friday night that CHP Officer Jeffery Burdick was legally justified in shooting Marvin Urbina.

According to the D.A.'s office, on August 4, 2019 CHP received reports of a reckless driver on I-5. CHP Officer McCarthy found the car driven by Marvin Urbina. A high-speed pursuit ensued.
Urbina took an off-ramp for Laval Ramp too fast and crashed his car into another vehicle. The airbags deployed and officers could not see Urbina. Officers told Urbina to show his hands and and he refused.

Officer Ruiz opened the car door and Urbina reached for his waistband causing the officers to fear he was armed.

After 15 minutes, Urbina immediately exited the vehicle and reached into his waistband while facing Officer Burdick. Officer Burdick shot him with his rifle. Urbina did not go all the way down and continued reaching for his waistband and he was shot again by Officer Burdick. Urbina was pronounced dead at the scene. He was not armed. The autopsy report showed Urbina tested positive for Ecstasy and Xanax, according to the D.A.'s press release.

Based on the evidence, the D.A.'s office said Officer Burdick responded reasonably to a perceived threat in self-defense and he was legally justified.