San Diego police on Wednesday released body-worn camera video of an officer fatally shooting a man after he’d reportedly grabbed the gun of another officer during a struggle in Oak Park earlier this year.

The graphic footage shows the Jan. 24 afternoon encounter that left 31-year-old Toby Diller dead after two officers tried to stop him while he walked around on the corner of 54th Street and College Grove Drive with an open container of beer.

After a struggle, according to police, Diller pulled at one officer’s still-holstered gun. The holster broke from the officer’s belt.

During the video, one officer yells “He’s got my gun! Shoot him!” Frames later, a gun — presumably held by the other officer — enters the screen near Diller’s head.


The San Diego man was shot once. He died at the scene.

Release of the video comes 40 days after the deadly encounter. Last year, state law changed to require police to release body-worn camera and other footage from “critical incidents,” including when an officer opens fire, within 45 days.

The encounter was the first fatal police shooting in San Diego County since a new, tougher state law went into effect this year that raises the standard for when police can use deadly force. It allows law enforcement officers to use deadly force only when “necessary,” when their life or the lives of others are in imminent danger and there is no other alternative to de-escalate the situation.

Police spokesman Lt. Shawn Takeuchi cited the ongoing investigation into the incident and said he was unable to answer several questions, including precisely why the officers were trying to stop Diller.


On the day of the incident, police homicide Lt. Matthew Dobbs told reporters that the two officers were trying to “make an enforcement contact” with Diller about 3:40 p.m. when he took off running. Homicide detectives investigate all shootings by police.

Aside from body-worn camera footage from the two involved officers, police also released footage taken from a smart streetlight camera. That overhead footage shows the man walking around the sidewalk on the street corner. He appears to have a large bottle of beer in his hand.

The footage shows officers driving up, rounding the corner on 54th Street and pulling up in front Diller, cutting off his path. Soon after an officer jumped out of his patrol SUV and headed toward Diller, he took off running, darting onto 54th Street into traffic.


The two officers ran after Diller as he headed west between cars, then back east to a frontage road along 54th.

There, officers catch up with him, and a struggle soon takes them all to the ground. During the scuffle, while Diller is on the ground, Officer Benjamin Downing said Diller had his gun and told the other officer to shoot.

Officer Devion Johnson shot Diller once.

After homicide detectives complete their investigation, the case will be handed over to the District Attorney’s Office for review, as is protocol in officer-involved shootings. That review will look at the question of criminal liability, not police department policy.

