Costa Mesa officers who fired 29 rounds at burglary suspect cleared by D.A.’s office

Three Costa Mesa police officers who shot an armed burglary suspect multiple times after he broke into a boat repair company on Newport Boulevard in 2022, have been cleared of any wrongdoing by the Orange County district attorney’s office.

Prosecutors Thursday released findings in a report declaring Costa Mesa Police Sgt. Bang Le and officers Jake Jacobi and Oscar Nicolas acted in self defense when they fired 29 rounds at Hugo Standley Vargas who, during the early morning hours of July 13, 2022, broke into the offices of Advanced Marine Services.

Called to the scene at 5:15 a.m. by the business’ alarm company, officers observed Vargas rummaging through the front office with an 8- to 10-inch knife in hand, repeatedly stabbing at a nearby desk, according to the report.

County Crime Lab investigators work in the shipyard at Advanced Marine Services on Wednesday, July 13, 2022 in Costa Mesa.

(File Photo)

When the then-35-year-old suspect, whose last known residence was in Corona, ignored repeated orders to drop the weapon, officers developed a plan to coax Vargas from the building, first using commands and nonlethal force, followed by lethal force, if necessary.

During a later interview, CMPD Officer Daniel Bruno told investigators “Vargas’ actions were becoming ‘increasingly aggressive’ as he failed to comply with officers’ commands.

“It just started to, um, kind of build, build a fear, if you will, that this man, you know, was irrational,’” Bruno said, according to the report.

At one point, instead of exiting the office, Vargas retreated further into the building before advancing toward officers with a bolt-action rifle in hand, the report indicated.

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Costa Mesa police shoot armed burglary suspect multiple times

The Orange County district attorney’s office is investigating a police shooting that took place shortly before 5:30 a.m. Wednesday on the 2200 block of Newport Boulevard, following a reported burglary.

July 13, 2022

He then raised the firearm to sight level and aimed it through a broken window pane toward the officers, who responded with gunfire, according to video footage captured by an officer-worn body camera and released by the district attorney’s office.

Le discharged his CMPD-issued Sig Sauer 9-millimeter pistol, firing it 11 times. Jacobi also fired his gun 11 times, while Nicolas discharged seven shots, prosecutors reported.

Vargas, who sustained an undisclosed number of gunshot wounds and was mumbling incoherently while also threatening to “return and kill the officers,” was taken out of the building at 5:37 a.m. and given medical assistance.

Shortly after 6 a.m.,he arrived at UC Irvine Medical Center, where a doctor determined his wounds to be non-life threatening and who noted Vargas was paralyzed on one side of his body.

County Crime Lab investigators examine bullet casings in a shipyard at Advanced Marine Services on Wednesday, July 13, 2022.

(File Photo)

Prosecutors determined the rifle aimed at the officers was unloaded and belonged to the owner of the business.

“Under the circumstances in this encounter, the officers’ belief that Vargas posed a threat of death or serious bodily injury was reasonable,” investigators concluded. “Sgt. Le and officers Jacobi and Nicolas appear to have carried out their duties as peace officers in a reasonable and justifiable manner.”

Appearing in court for a May 16 hearing, Vargas acted in accordance with a plea agreement, pleading guilty to felony counts of exhibiting a firearm in the presence of an officer, second-degree burglary, exhibiting a firearm to resist or prevent arrest and being a felon in possession of a firearm.

A sentence of three years in prison was suspended by the court, pending successful completion of three years of formal probation, court records indicate.