‘No reasonable explanation’ for Homeland Security officer shooting California protester in the face, blinding an eye, expert says

A Department of Homeland Security officer’s decision to shoot a protester directly in the face with a less than lethal projectile from point blank range — blinding the demonstrator’s left eye — goes directly against how law enforcement should be trained to use such weaponry, a veteran police expert said on Wednesday.

Video of the protester — who family members have identified as 21-year-old Kaden Rummler — being shot in the face by a federal officer with a less than lethal weapon during a Friday night confrontation outside the federal building in Santa Ana drew controversy this week as it circulated widely on social media.

Based on the video — which also captures the lead-up and aftermath to the shooting — the federal officer who shot Rummler appeared to have been using a FN 303 less lethal launcher, an air powered weapon similar to a pepper ball launcher that instead shoots plastic projectiles, said Spencer Fomby, a retired police captain who serves as section chair for the National Tactical Officers Association Public Order Section after a decades-long career in the Berkeley Police Department and the Boise Police Department.

“There is really no reasonable explanation for that person being shot in the face,” Fomby said of Rummler’s shooting after watching the video footage.

The federal officer likely believed Rummler was going to interfere in their arrest and may have thought he was approaching in an aggressive way, Fomby said. Whether their overall decision to open fire at Rummler was “objectionably reasonable” would depend on if there was an immediate threat, he added. DHS officials have alleged the officers were facing a large, violent crowd.

But law enforcement officers are supposed to be trained to aim the launcher at someone’s legs or torso and to avoid their face, neck, groin or spine, Fomby said.

“Impacts to the head and face are the most dangerous,” Fomby added, noting they can lead to loss of vision or traumatic brain injuries.

The launchers are usually fired generally toward crowds from further away, Fomby said. Those using the launcher should be trained to aim low, Fomby added, so that an errant shot will strike the ground rather than inadvertently hit someone in the head or face.

A DHS official previously wrote in an emailed statement that “a mob of about 60 rioters threw rocks, bottles and fireworks at law enforcement officers outside the federal building in Santa Ana” as part of a “highly coordinated campaign of violence where rioters wielded shields.”

DHS officials said that two “violent rioters” were arrested and two officers were injured during the confrontation.

Federal officials and family members confirmed Wednesday that Rummler was issued a citation for disorderly conduct — a misdemeanor — after the shooting. His injuries required extensive surgery and left him hospitalized for days.

Katelyn Skye Seitz — another demonstrator, who identified themself as Skye Jones during a Tuesday news conference — faces a more serious charge of assaulting, resisting or impeding a federal officer with physical contact for their alleged role in the confrontation with federal law enforcement, according to a criminal complaint filed on Sunday.

Video of the confrontation showed Rummler seemingly attempting to intervene in Seitz’s arrest when Rummler is seriously injured by the less than lethal round.

A Homeland Security agent in a sworn probable cause statement alleged that Seitz ignored an order for protesters to leave federal property, threw an orange cone toward federal officers and struck an agent in the shoulder and groin while allegedly resisting arrest. The statement, which was filed along with the criminal complaint, says the officer sought medical attention, but does not outline what specific injuries they were alleged to have sustained.

Seitz, during the Tuesday news conference, indicated they had spent the weekend in custody at the Santa Ana City Jail, but declined to discuss their arrest or the criminal allegations they are facing. Asked by a reporter if they believed they were “fairly charged,” Seitz said “no,” adding “That is common and typical for protests to see charges being thrown at people because the goal is to bank on us cowering, the goal is to silence people who dare to stand up.”

A supporter who set up a GoFundMe for Rummler — which has taken in more than $32,000 in donations as of Wednesday afternoon — wrote in a post that Rummler has been released from the hospital. Rummler’s family appeared concerned he could potentially face accusations beyond the initial citation.

“With our government, he can be accused of a crime,” said Bobby Rees, Rummler’s uncle. “It’s pretty clear when we look at the videos who is in the wrong here but we know what the government is capable of when it comes to blaming the victim.”

The less than lethal round left plastic, metal and glass shards embedded in Rummler’s skull, he said in statement read by a friend at Tuesday’s news conference. He said a piece of metal had ended up only millimeters from his carotid artery, which, if hit, would have likely been a fatal injury.

Even after extensive surgery, the doctors told Rummler they couldn’t get all the shrapnel out of his skull, according to the statement. Rummler, in his statement, also described two of the people who were detaining him until an ambulance arrived “laughing at the fact I would never see out of my left eye again.”

The exact number of protesters who were outside the federal building when the confrontation took place could not be independently verified. Hundreds gathered earlier that day in downtown Santa Ana to peacefully protest the fatal shooting by a federal officer of Renee Good in Minnesota and the ongoing mass deportations by the Trump administration. But by the time the confrontation began the crowd had already shrunken and dispersed, leaving a much smaller group of activists.

The confrontation itself was captured on video taken by OC Hawk, whose footage of breaking news events in Orange County is routinely used by local media organizations.

The video footage shows protesters standing on steps leading up toward the federal building throwing traffic cones at federal officers wearing body armor and standing in front of the entrance to the building. An agent is shown moving toward the crowd holding what appears to be a less than lethal weapon. Based on the audio, the agent appeared to have fired some less than lethal rounds toward the crowd, as some protesters quickly move back.

A different federal officer is seen grabbing a protester, identified in the federal criminal complaint as Seitz. As Seitz appears to struggle to escape, three other protesters — including Rummler quickly move toward the federal officers and Seitz.

The federal officer with the less than lethal weapon can be seen pointing it at Rummler. He appears to fire the the weapon as Rummler moves toward him, since Rummler is seen on the video quickly dropping to the ground and then doubling over.

One federal officer is seen continuing to pull a still-struggling Seitz toward the entrance to the federal building. A different federal officer grabs Rummler by the hood of his jacket and pulls him backward toward the building. That federal officer is shown tripping over a discarded cone and falling down, then getting up and continuing to drag Rummler to the entrance to the building.

At one point, as Rummler is being dragged toward the building, the video captures blood streaming down his face and his attempts to reach toward his neck and his apparent struggle to breathe. As the federal officers pull Rummler and Seitz away, the crowd could be heard chanting “Leave him the (expletive) alone.”

Another snippet of video shows a federal officer inside the building kneeling on top of Rummler.

It is difficult to tell from the video footage how many people were in the crowd. Less than a dozen are seen on the stairs to the federal building at the time of the confrontation, but it isn’t clear if there are any other people out of frame on the sidewalk or the street. The video footage did not appear to capture any rocks, bottles or fireworks being thrown at the federal officers or any shields held by the protesters.

Other video footage from that night shows dozens of demonstrators walking through a nearby street chanting “ICE out of Santa Ana” at one point and what appears to be a much smaller crowd chanting anti-ICE slogans while standing on a nearby sidewalk, but it is unclear how long before the confrontation those recordings occurred. The footage also shows a federal agent at one point using a portable speaker to order the group to disperse.