California DOJ clears Fullerton police officers in fatal 2023 shooting

Sydney Barragan, The Orange County Register on Aug 14, 2026

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ANAHEIM, Calif. — California Department of Justice investigators will not pursue criminal charges against Fullerton police officers who fatally shot a man following a high-speed pursuit in 2023, Attorney General Rob Bonta announced Friday.

Austin Heiselman, 48, of Whittier, was shot and killed by Fullerton police on Feb. 10, 2023, after a pursuit that began in Fullerton and ended with a crash in La Habra.

Fullerton police received a notification that a vehicle connected to an armed robbery was in the area and spotted Heiselman driving the flagged vehicle, according to the DOJ report.

Officers attempted to stop Heiselman, but he fled, leading police on a pursuit, the report said. During the chase, Heiselman displayed what appeared to be a handgun from the driver’s side window, according to investigators.

The pursuit ended after Heiselman’s vehicle crashed into another vehicle near Beach Boulevard and Imperial Highway in La Habra. Heiselman then got out of the vehicle and ran, according to the report.

An officer ordered Heiselman to stop and show his hands. Heiselman instead brought his hands together and raised them in front of his chest in what investigators described as a shooting stance, as though he were pointing a firearm, the report said.

Fullerton police officers then opened fire, fatally striking Heiselman.

Two guns recovered from Heiselman’s vehicle were later determined to be a blank-firing replica pistol and a Glock airsoft gun, according to the DOJ.

Fullerton police previously said Heiselman had told his father during the pursuit that he wanted to die by suicide by cop. His father called La Habra police and told a dispatcher what his son had said, according to a video released by Fullerton police in March 2023 that included dispatch calls, body-worn camera video and helicopter footage.

The Attorney General’s Office investigated the shooting under Assembly Bill 1506, which requires the state DOJ to investigate officer-involved shootings resulting in the death of an unarmed civilian.

Investigators concluded there was insufficient evidence to prove beyond a reasonable doubt that the officers acted without the intent to defend themselves and others from what they reasonably believed was an imminent risk of death or serious bodily injury. The DOJ said there was therefore insufficient evidence to criminally prosecute the officers and no further action would be taken in the case.

“Incidents like these are always troubling, and we hope this report helps bring comfort and clarity to the community and those personally impacted,” Bonta said in a statement.

Although the DOJ did not recommend criminal charges, investigators issued four recommendations to the Fullerton Police Department, including developing policies and training for high-risk felony stops, making greater use of air support during pursuits when feasible, providing additional training for police dog handlers and ensuring the department’s current policy manual is posted online as required by state law.