

The Santa Ana police officer who shot and killed an unarmed homeless man last year will not be charged, as investigators conclude she feared for her life.

Hans Kevin Arellano, 22, was a homeless man who was drinking by a dumpster near the Harbor Place Shopping Center on July 30, 2013. Business owners in the area had previously made complaints about transients hanging around near their establishments and bothering customers and employees. Arellano was initially approached by a different police officer who tried to arrest him for drinking in public around 3 p.m. Arellano, who had a BAC of .26 according to the Orange County D.A.'s report, ran away.

Officer Jessica Guidry responded to reports of an intoxicated man disturbing the peace and spotted Arellano on South Harbor Blvd. Arellano, who had previous burglary convictions and was a suspect in a robbery, ran away from her and went through a McDonald's parking lot and into a nearby juice bar. Witnesses said Guidry drew her gun and ordered Arellano to stop and put his hands up. He did, a witness said, but put them back down again and acted like a "smartass," using obscenities and lunging at Guidry as he exited the shop.

Guidry said she was afraid he would try to take her gun and that it would be a "fight for her life," so she shot him once in the chest when he was about three feet away. He was pronounced dead at the scene.

There were several witnesses, including one who captured the shooting on a cell phone camera.

Investigators decided that Guidry, a 13-year veteran of the police force, reasonably felt her life was in danger and that they cannot prove she committed a crime.

Arellano's family said at the time of his death that they believe Guidry could have used non-lethal methods to subdue him. Guidry was carrying a Taser at the time.