James H. Lacy, a 47-year-old San Diego resident, died on August 4, 2017, after deputies Sean Ochoa and Don Wood fired several rounds during an attempted eviction from his apartment on 2nd Avenue near Downtown and Balboa Park. Deputies reported that Lacy threatened to shoot them and allegedly moved a handgun in their direction; the weapon was later identified as a non-lethal BB air pistol or Airsoft replica handgun.

The San Diego County District Attorney’s Office investigated and concluded the deputies acted reasonably, finding the deputies perceived a lethal threat when Lacy pointed the replica. Lacy’s family filed suit against the Sheriff’s Department and the two deputies, alleging negligence and arguing deputies failed to consider his mental disability and should have engaged the Psychiatric Emergency Response Team before entering.

Questions remain about protocols for dealing with people in mental health crisis and how officers distinguish replicas from real firearms under stress.