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OCDA clears sheriff’s deputy, Costa Mesa police officer in separate officer-involved shootings

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Two reports regarding separate officer-involved shootings were released Thursday by Orange County District Attorney Todd Spitzer’s office, clearing both officers in their respective cases.

One shooting involving an Sheriff’s Department deputy occurred in Stanton on Sept.18, 2020. Deputy David Leathers, a 15-year veteran of the department, fatally shot Thien Nguyen, 26, after a short pursuit and collision.

A deputy, not Leathers, was on patrol in Stanton when he ran the license plates of a white 2012 Infinity and saw the car had been stolen out of Garden Grove. A pursuit ensued, but the driver, Nguyen, was able to evade the deputy. Leathers saw Nguyen speeding through an intersection and continued the pursuit, the report said.

Nguyen was traveling at an estimated speed of 100 mph in a congested area when he turned into the driveway of New Horizon Senior Living Facility and was blocked in by Leathers’ police vehicle. Nguyen attempted to back out of the driveway and hit the front of the police vehicle. According to video footage of the shooting and the report, Leathers opened his door and was just about to step out of his car when the collision happened.

Leathers told investigators he told Nguyen to “stay in the vehicle or get bit by the [K9],” but district attorney investigators compared Leathers’ account with the patrol video and Leathers did not mention the K9, but did warn him to stop or he would shoot, the report said.

Nguyen looked at Leathers directly before accelerating, Leathers told investigators. He opened fire.

Nguyen was declared dead at the scene by Orange County Fire Authority paramedics at and an autopsy report found eight gunshot wounds. A toxicology examination also found traces of various prescription drugs and THC in his system.

The second shooting involved a Costa Mesa Police Department officer that occurred in on May 21, 2021.

At around 10 a.m. that day Officer Joseph Carboni, an eight-year veteran of the department, initiated a traffic stop of 1993 black Toyota pick-up truck that Carboni observed as driving erratically as if the driver may have been intoxicated, the report said. It did not state if investigators confirmed the driver was intoxicated at the time.

The truck turned into parking lot on 521 West 19th Street in Costa Mesa and was blocked in by Carboni’s police vehicle. Through a records check, Carboni found the driver, Keith Alan Riggert II, was an out-of-compliance registered sex offender and had a possible arrest warrant out of San Bernardino.

Riggert backed his car into Carboni’s vehicle while the officer was still in the vehicle. Carboni got out of his car and repeatedly told Riggert to stop, according to video released of the encounter.

The truck backed into the police vehicle again, successfully moving it so he could drive away. As the truck began accelerating forward, Carboni opened fire but Riggert drove away.

He was located after he checked into a hospital with a right shoulder gunshot wound and later was taken into police custody.

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