Merced police ‘justified’ in gunfight with suspect, DA says

Two Merced police officers were “justified” when they opened fire in February moments after a man shot a Merced police officer during a traffic stop, the Merced County District Attorney’s Office said Friday.

Officers Brian Rinder and Joseph Opinski returned fire Feb. 28 in the 2100 block of H Street after Officer Ryan Rasmussen was shot by a man in a vehicle. Rasmussen remains out on medical leave but is expected to return to duty in mid-June, authorities said.

Rinder and Opinski were placed on paid administrative leave for a short time after the gun battle, a standard procedure in all officer-involved shootings. They have since returned to full duty, Merced police officials have confirmed.

Jaime M. Caudillo, the man accused of shooting the officer, was also shot in the gunfire exchange. The 30-year-old Los Banos man was arrested shortly after the gunfight in a nearby alley. His co-defendant, Steven P. Rincon, 24, of Fresno, is accused of driving the vehicle the night of the incident. He was arrested after a large manhunt in central Merced, police have said.

The District Attorney’s Office investigates all officer-involved shootings in Merced County. On Friday, the prosecutor’s office formally cleared both officers in the investigation.

“It was a justified use of force,” said Pat Lunney, the DA’s chief of investigations. “Both officers were justified in shooting.”

Capt. Tom Trindad said police administrators were pleased with the district attorney’s findings and not surprised with the analysis. “We certainly agree with the district attorney completely,” Trindad said Friday.

Officers said Rincon drove away after the shooting started and crashed his vehicle in an alley a short distance from the scene. Rincon ran and remained on the loose for nearly 10 hours before he was captured, police said.

Caudillo has pleaded not guilty of the attempted murder of a police officer, street-gang participation and other charges. Rincon has also pleaded not guilty to assault, street-gang participation and other charges.

The defendants remain in custody at the John Latorraca Correctional Facility in Merced County. Both men are scheduled to appear June 8 before Judge Mark V. Bacciarini in Merced Superior Court.

This story was originally published May 22, 2015 at 4:57 PM with the headline "Merced police ‘justified’ in gunfight with suspect, DA says."