Kern DA's office rules OIS involving CHP officer was justified

BAKERSFIELD, Calif. (KBAK/KBFX) — The Kern County District Attorney's Office has ruled that the California Highway Patrol officer who shot and killed a man near Tejon Outlets in August was justified in his actions.

On Aug. 4, the CHP was called about a reckless driver on I-5. Officer McCarthy spotted the car, which was being driven by 19-year-old Marvin Alexis Urbina. Urbina led officers on a high-speed pursuit until he crashed into another vehicle on Laval Road.

Urbina refused to come out of the vehicle or show his hands to officers, according to the Kern County District Attorney's Office.

When one of the officers opened the car door, Urbina reached towards his waistband, leading officers to believe he was armed, according to the DA's Office.

A short while later, Urbina exited his vehicle and faced officers. He then reached for his waistband once again and CHP Officer, Jeffery Burdick, shot Urbina, according to the DA's Office. After being shot, Urbina continued to reach towards his waistband prompting Officer Burdick to shoot Urbina again, killing him.

Urbina was later determined to be unarmed.

An autopsy later revealed Urbina had traces of Ecstasy and Xanax in his system.

After further investigation, the Kern County DA's Office found that Officer Burdick was justified in his actions.

Officer Burdick had little to no time to see if Urbina was armed or unarmed and had to make a "split-second decision," according to the DA's Office.

The DA's Office found Officer Burdick had acted in self-defense to a perceived threat.