Officers justified in fatally shooting of a man armed with a floor scraper in Westminster, CA

On Friday, November 14, 2020, the Westminster Police Department received a call from Jane Doe 1. Jane Doe 1, Tho Xuan Ngo's daughter, reported that her father struck her sister, Jane Doe 2, on the head with a plastic vacuum cleaner tube and threatened to kill her. She also reported that Ngo was possibly under the influence of drugs, hallucinating and acting erratically. Jane Doe 1 was instructed to wait outside until officers arrived.

WPD Officers were dispatched to Ngo's residence, and were advised that Ngo was acting erratically, verbally combative, tried to assault the reporting party, and was possibly under the influence of methamphetamine.

Officer Delgado arrived at the residence and contacted two Ngo's daughters, Jane Doe 1 and Jane Doe 2, in front of the residence. Officer Delgado learned that Ngo had a history of drug abuse and was acting delusional. In the present instance, he barged into a bedroom, threatened to choke Jane Doe 2 to death and hit her in the head with a plastic vacuum cleaner tube. Delgado was informed Ngo spoke and understood English and was inside the residence with his common-law wife, as well as his 18-month-old grandson. Jane Doe 2 told the officer that she had removed a decorative sword from Ngo's room out of fear her father would hurt someone with it.

Officers saw Ngo inside his house standing by an open window facing them. They asked Ngo to come out and speak to them and Officer Delgado told him, "You are not in trouble." Ngo responded that he was eating. Jane Doe 2 then removed the family dog from the courtyard at which point Ngo became extremely agitated and began cursing in Vietnamese. He told the officers in English not to come inside his house. Ngo then asked, ’to the fuck are you?”

To which Officer Delgado responded, "Westminster Police Department, we need to talk with you.” Officers May and Chavez called out, “Cânh sat" which means police officer in Vietnamese. Ngo climbed out of the window of his home into the courtyard holding what officers described as a 3-4-foot-long board or “metal sword.” Officer Delgado repeatedly ordered Ngo to drop the object. Ngo refused and climbed back into the residence through the open window. Officers then repeatedly asked Ngo to come out of the house and talk with them and he responded by extending his middle finger and flipping them off.

Officer Delgado told Ngo he was going to holster his weapon. Ngo climbed out of the window, picked up a 4-foot-long metal-handled floor scraper and held it like it was a baseball bat. Ngo then bent down, grabbed a handful of rocks, and threw them at the officers. Officer May deployed his pepper spray at Ngo. However, the officers were too far away to be effective. Officer believed they were too far from Ngo and outside of the Taser's effective range.

Officer Delgado ordered Ngo to drop the object. Ngo refused and stated, “Mother fucker, shoot go ahead,” in Vietnamese. Ngo, armed with the floor scraper, and holding it like a baseball bat, advanced towards the officers.

As the officers retreated towards the street, Ngo picked up a steel four-tine cultivator. At that time, Ngo was armed with the cultivator in his left hand and the floor scraper in his right.

Ngo rushed out the open gate of the courtyard towards the officers. As he approached the officers he momentarily paused before continuing to lunge at Officer Delgado. Officer Delgado saw Ngo raise the floor scraper and twist his body as if winding up to swing the floor scraper. Officer Delgado again yelled, “Put it down.” When Ngo was within 5 to 10 feet of Officer Delgado. Officers Delgado and May, who was just to the right of Delgado, fired multiple shots at Ngo, stopping when Ngo collapsed to the ground.

Officer Delgado performed CPR on Ngo, while Officer May held his head back to keep his airway open. Officer Chavez maintained pressure on Ngo's torso. Orange County Fire Authority paramedics arrived on the scene and provided treatment to Ngo. They determined that he had no pulse and gunshot wounds to the lower right abdomen, left shoulder, right eye, and an avulsion on the left hand between the thumb and forefinger. Paramedics continued to perform CPR and administered oxygen, saline, and six rounds of epinephrine.

The ambulance transported Ngo to the UC Irvine Medical Center. Upon arrival, Ngo was unresponsive and in cardiac arrest. Advanced life-saving measures were unsuccessful and at 7:58 p.m., Ngo was pronounced deceased.
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