ⓘThis article reports on a matter of public interest. Carrazco Law, A.P.C. is not representing any party involved in this incident unless expressly stated.
Erik Simon Sanders Killed in San Diego Police Shooting After SWAT Standoff
Erik Simon Sanders: Three SWAT officers fired on Nipoma Street in Point Loma after a five-hour standoff
SAN DIEGO, CALIFORNIA (August 25, 2026): Erik Simon Sanders, 24, of Alpine, died Tuesday night after three San Diego Police Department SWAT officers shot him outside a home in the 2700 block of Nipoma Street in the Point Loma area, according to the San Diego County Sheriff's Office, which investigates SDPD shootings under county protocol. The Sheriff's Office said SDPD officers were sent at about 4:40 p.m. on a welfare check that was updated to a burglary in progress after the homeowner reported unauthorized people inside a residence that contained firearms. SWAT used tactical methods over several hours and multiple gunshots were heard from inside the home, the release said. At about 9:20 p.m., a man exited the front door armed with a gun and three officers fired, striking him.
Sanders was pronounced dead at 9:40 p.m. and a firearm was recovered, according to the Sheriff's release and the Times of San Diego. The Sheriff's Office identified the officers who fired as Christopher Lingenhol, David Speck and Jose Velasquez. No officers were injured. The Sheriff's Homicide Unit is leading the investigation, the San Diego County District Attorney's Office will review it for criminal liability, and SDPD will conduct a separate administrative review, per the Sheriff's release. Body camera video was not mentioned in the release or news reports. No family statement has been reported.
Liability for San Diego County Police Shootings
A five-hour standoff gives police time, and the law asks how they used it. California Penal Code § 835a permits deadly force only when necessary to defend against an imminent threat of death or serious bodily injury, and it weighs the officers' tactics before the shooting. The Fourth Amendment, applied through Graham v. Connor (1989) 490 U.S. 386, judges whether the force was objectively reasonable. 42 U.S.C. § 1983 provides claims against the three officers and, under Monell v. Department of Social Services (1978) 436 U.S. 658, against the City of San Diego for a policy or training failure. The Bane Act, California Civil Code § 52.1, adds a state claim.
The moment of exit: whether Sanders pointed the gun or simply carried it when he came through the door, and whether officers gave a warning.
Tactical planning: what negotiation, crisis intervention or less-lethal plan SWAT had in place during the hours before 9:20 p.m., and whether it was followed.
Three shooters: the number of rounds fired by Lingenhol, Speck and Velasquez, and whether any were fired after Sanders was down.
Evidence from inside: the gunshots heard inside and the firearms the homeowner reported must be reconciled with the physical evidence.
If the evidence shows the shooting was not necessary, Sanders's parents or other heirs could bring excessive force, Bane Act and wrongful death claims. Damages include loss of his love, companionship and support, funeral expenses and, through a survival claim, his pain before death, with punitive damages possible under § 1983.
Steps to Take After a San Diego County Police Shooting
According to the California Department of Justice's statewide use-of-force data, most civilians who die in police shootings in California are reported by the involved agency to have been armed, which is why independent verification of the weapon and the moment of the shots matters.
Request the Sheriff's file: records requests under Penal Code § 832.7 and the California Public Records Act should go to both the Sheriff's Office and SDPD.
Preserve neighborhood video: neighbors and doorbell cameras on Nipoma Street likely recorded the SWAT operation; ask them to save footage now.
Obtain the autopsy: the San Diego County Medical Examiner's report will document each wound and can be compared with the officers' positions.
Consult counsel before speaking: Homicide Unit investigators and SDPD will seek family interviews; relatives may have an attorney present.
Monitor the District Attorney's review: the DA publishes letters on officer-involved shootings; a decision not to charge does not decide a civil claim.
Civil rights and wrongful death claims in California generally must be filed within two years under Code of Civil Procedure § 335.1. Because the City of San Diego is a public entity, a government claim must be presented within six months under Government Code § 911.2. Contact an attorney promptly to protect your rights.
Investigating San Diego County Police Shootings
We at Carrazco Law, A.P.C. extend our deepest condolences to the family of Erik Simon Sanders. What did SWAT do during the five hours before the shooting to end the standoff peacefully? Was Sanders pointing the gun at officers when he came through the door, and did all three officers need to fire?
Do you have questions about a San Diego County police shooting? Our team is here for you. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Legal Context
Applicable California Law
California Penal Code § 835a: Deadly force only when necessary to defend against an imminent threat, with the officers' pre-shooting tactics considered
Fourth Amendment: Objective reasonableness standard for police use of force under Graham v. Connor (1989) 490 U.S. 386
42 U.S.C. § 1983: Federal civil rights claim against the three officers and, under Monell v. Department of Social Services (1978) 436 U.S. 658, the City of San Diego
California Civil Code § 52.1 (Bane Act): State civil rights claim for interference with constitutional rights
Government Code § 911.2: Six month deadline to present a government claim against the City of San Diego
Liability Analysis
The Sheriff's Office says Sanders exited the home armed with a gun after a five-hour SWAT standoff during which shots were heard inside, and three officers fired. Under Penal Code § 835a and Graham v. Connor, liability will depend on whether he pointed or raised the weapon at the moment of exit, whether a warning was given, whether the tactical plan during the preceding hours reasonably sought a peaceful resolution, and whether any rounds were fired after he was down. If those facts favor the family, the officers and the City of San Diego could face claims under 42 U.S.C. § 1983, the Bane Act and wrongful death law. The Sheriff's Homicide Unit investigation and the District Attorney's review are ongoing and no finding has been made.
Statute of Limitations
Civil rights and wrongful death claims in California generally must be filed within two years under Code of Civil Procedure § 335.1. Because the City of San Diego is a public entity, a government claim under Government Code § 911.2 must be presented within six months of the shooting before state law claims can be filed.
If You've Been Affected by a Similar Incident
Carrazco Law represents individuals and families affected by police shootings and officer-involved incidents across California. These cases involve complex federal and state laws including 42 U.S.C. §1983 (federal civil rights claims), Bane Act claims under California Civil Code §52.1, and government tort claims with strict deadlines (often six months from the date of incident under the California Government Claims Act). If you or a loved one has been affected by a similar incident, contact our office for a free, confidential consultation.
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Frequently Asked Questions
Why is the Sheriff's Office, not SDPD, investigating this San Diego police shooting?
San Diego County law enforcement agencies follow a countywide protocol under which the Sheriff's Homicide Unit investigates officer-involved shootings by the San Diego Police Department, and SDPD investigates shootings by the Sheriff's deputies. The San Diego County District Attorney's Office then reviews the investigation to decide whether any officer should face criminal charges, and SDPD conducts its own administrative review of policy and tactics. None of these reviews replaces an independent civil investigation for the family.
The Sheriff's Office says Sanders came out armed with a gun. Can the family still bring a claim?
Yes. Being armed does not automatically make deadly force lawful. Penal Code § 835a requires that the force be necessary to stop an imminent threat at that moment, and courts examine whether the weapon was pointed, whether a warning was feasible, and how the officers' own tactics during the five-hour standoff shaped the encounter. Three officers firing also raises the question of whether every round was necessary. The evidence, not the initial account, decides.
Does the City of San Diego have to release body camera video of a SWAT shooting?
Under Penal Code § 832.7, as amended by SB 1421, records of incidents in which an officer fires at a person are public, including body camera video, audio and reports. The California Public Records Act requires disclosure, though agencies may delay release for a limited period while an active investigation continues. Because the Sheriff's Office holds the investigative file and SDPD holds its own recordings, requests should be sent to both agencies.
What is the deadline for a claim against the City of San Diego after a police shooting?
A government claim must be presented to the City of San Diego within six months of the shooting under Government Code § 911.2 before a state law wrongful death or Bane Act lawsuit can be filed. Federal claims under 42 U.S.C. § 1983 do not require a government claim but must be filed within two years under Code of Civil Procedure § 335.1. Because the shooting occurred on August 25, 2026, the six month period is already running.
What damages can the parents of a 24-year-old killed in a San Diego County police shooting recover?
If Sanders had no spouse or children, his parents are generally the heirs entitled to bring a wrongful death claim in California. They can recover for the loss of his love, companionship, comfort and support, as well as funeral and burial expenses. A survival claim on behalf of his estate covers the pain he consciously experienced before death. Under federal civil rights law, punitive damages against the individual officers and attorney's fees may also be available.
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This article is published by Carrazco Law News for informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Carrazco Law, A.P.C. Carrazco Law is not representing any party involved in the incident described above. If you have been affected by a similar incident, consult a licensed California attorney about your specific situation.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Carrazco Law, A.P.C. If you have been injured or have lost a loved one, please contact our office directly for a confidential consultation.
