Modesto man who was shot by security officer charged with felonies.
Stanislaus County CA June 26 2021
The Modesto man shot by an Ontel security officer at a Salida school over the weekend has been charged with assault with a deadly weapon in connection with the incident.
Ontel security officers John Lessman and Brandon Lumauig encountered Roy Bert Hoskinson when they responded to a security camera activation at Great Valley Academy early Sunday morning.
The incident was captured on dash cameras on two patrol vehicles as well as body cameras worn by both security officers. Under California law, police agencies must release body camera footage of critical incidents but the law does not apply to private security companies.
Ontel Chief David McCann declined to release the videos to the public, citing the potential for civil litigation, but allowed a Bee reporter to review video from all four cameras.
The following is a description of events based on that review:
Lessman was first on scene at a maintenance yard on a dirt lot at the school and Lumauig was just behind him. McCann said the two saw a second suspect, out of frame, running from the scene as they approached.
Lessman parked what appeared to be a little more than a car length behind Hoskinson’s red Chevrolet pickup and Lumauig parked to the left of it. There were two school maintenance vehicles to the right of the pickup.
Lessman was the first out of his patrol vehicle and approached Hoskinson, who slowly started to make his way from the back of the pickup to the driver’s side.
As Hoskinson walked he mumbled “how much for the cars” and something about getting his medication, then got into the vehicle.
Lessman tells Hoskinson to get out of the pickup as he and Lumauig pull on his left arm.
Hoskinson used his right hand to start the pickup and Lessman reached across his body to either try to remove the keys or prevent the vehicle from being put into gear.
Hoskinson managed to put the pickup in reverse and rapidly accelerated backward as Lessman’s upper body was inside the cab.
The open driver’s side door crashed into the front left quarter panel of the patrol car.
From the perspective of Lumauig’s body camera video, Lessman momentarily disappeared behind the door then came tumbling to the ground as the truck accelerated forward.
A Stanislaus County Sheriffs deputy who investigated the shooting and wrote the arrest affidavit for Hoskinson describes the truck, “dragging Lessman on the ground and slamming him into the patrol vehicle; crushing him between the patrol vehicle and the truck door.”
Lumauig fired one shot at Hoskinson as the truck accelerated forward while fishtailing and kicking up dirt and rocks.
The entire encounter from the time Lessman got out of his vehicle to the time the shot was fired was less than 25 seconds.
Lumauig had been behind Lessman as they tried to get Hoskinson out of the pickup and later told McCann he felt the vehicle moving and staggered backward.
Sheriff’s Department officials said Lumauig feared for his life and for Lessman’s life.
The impact from the crash flattened the front left tire on the patrol car and broke the pickup’s door so that it bent all the way open. It also knocked the license plate off the pickup; investigators found the plate at the scene and were able to use to identify Hoskinson.
Authorities were also notified when he showed up at a Modesto hospital with a gunshot wound to his buttock.
Deputies searched Hoskinson’s pickup. They found two catalytic converters that came from the vehicles that were parked next to Hoskinon’s pickup at the school. According to the affidavit, one of those vehicles had been up on a jack when the Ontel security officers got to the scene. Metal saw blades and a metal grinder were also found in Hoskinson’s truck.
On Tuesday, the Stanislaus County District Attorney’s Office charged Hoskinson with two counts of assault with a deadly weapon and grand theft.
Stanislaus County Sheriff’s Sgt. Erich Layton said Hoskinson was still in the hospital Tuesday and was notified of the charges against him and a warrant for his arrest. Hoskinson had not been arrested as of Thursday but Layton did not know Thursday if he remained hospitalized.
According to the affidavit, Hoskinson was out on bail from previous charges in January for burglary, grand theft and receiving stolen property.
Layton said the investigating deputy reviewed the case with the District Attorney’s Office and that the office is not planning on pressing charges against either security officer.
