Justified: Costa Mesa shoots driver that reversed towards officers during a traffic stop

On May 21, 2021, at approximately 10:08 a.m., Costa Mesa Police Officer Joseph Carboni initiated a vehicle stop of a black 1993 Toyota pick-up truck. Officer Carboni had observed the truck while driving south on Newport Boulevard near the merge point with the 55 Freeway. Officer Carboni observed the black pick-up truck drive from the #2 lane across the #3 and #4 lanes and make a right turn onto 19 h street. Officer Carboni was “worried” based on the “erratic driving” that the Toyota's driyer might have been intoxicated. The officer attempted to follow the truck onto 19’h street but was impeded by traffic.Show more

After making a right turn, Officer Carboni caught up to the truck which then made a sudden right turn into the shopping center at 521 West 19* Street. As the pick-up was turning into the parking lot, Officer Carboni noticed the brake lights did not work, and he believed that the driver had failed to use his signal. Later review of the Patrol Car Video showed the right turn signal was activated as it made the turn. Later testing of the truck confirmed that its brake lights were not working. The Toyota truck parked in a parking stall facing business storefronts. The officer parked directly behind the truck.

The officer approached the driver's door. As the officer was approaching the driver, the driver made statements to the effect of, “Bro, you really pulling me over?” or “You really fucking pulling me over?”

Officer Carboni then asked Riggert for his driver's license and informed him he was stopped because his taillights did not work. Dispatch advised Officer Carboni that Riggert's license was valid, that he was an out-of-compliance registered sex offender, and that he also had a possible arrest warrant out of San Bernardino.

Before Officer Carboni's follow-up officer could complete his response, Riggert started his truck. The reverse lights on the truck were activated, and Officer Carboni saw bystanders in the immediate area as the front tires of the truck turned. The officer believed that the truck could not back up without striking his vehicle and the distance between them. Carboni pulled his patrol car up closer to Riggert's. A witness, who was standing two spaces from the truck near her own vehicle, observed Officer Carboni trying to block in Riggert. As Riggert pulled forward, the witness feared he would hit a bystander at the scene. Officer Carboni then accelerated forward as Riggert tried to back up. Officer Carboni trapped the truck between his vehicle and a parked Acura.

Officer Carboni then exited his vehicle and drew his handgun. Officer Carboni yelled, “Stop, stop, stop.” Riggert then rewed his engine and backed into the police unit and the Acura, pushing both vehicles out of the way. Officer Carboni was close enough to be in danger, and a second witness thought Riggert's vehicle might have struck Officer Carboni. Officer Carboni believed that Riggert would do whatever it took to escape. After ramming Officer Carboni's vehicle out of the way, Riggert's truck was facing the witness and her vehicle. With his gun pointed towards the truck, Officer Carboni heard the truck's engine revving and gears grinding and again yelled, “Stop.”

Riggert then accelerated forward at a high rate of speed. Officer Carboni, seeing the truck heading towards the witness, feared for her life and, believing that deadly force was his only option to stop Riggert from killing or seriously injuring her, fired three rounds through the rear driver's side window of Riggert's truck. After firing the second round, the officer heard Riggert miss second gear and momentarily slow. Officer Carboni ceased firing because he thought he had hit Riggert and the truck had passed the witness. The truck then continued east through the parking lot and turned north out of Officer Carboni's sight.

Officer Carboni broadcasted “shots fired” and then contacted the witness, who said she was okay but scared. The witness stated, “I thought he was going to run you over,” anrl she replied, “I thought so.” Riggert was located when he walked into Orange Coast Memorial Hospital suffering a gunshot wound to the right shoulder. Riggert was then transferred to UCI Medical Center, where he was treated and released to the Costa Mesa Police Department. Riggert was then transported to Orange County Jail and booked for assault with a deadly weapon on a peace officer. OCDA investigators interviewed Riggert, who gave statements that were inconsistent with the statements of other witnesses and inconsistent with the BWC and PVS videos.

Keith Alan Riggert II suffered a single gunshot wound to his upper right shoulder. The bullet caused damage to Riggert's right scapula. Riggert's condition, was stable, and his injuries were non-life-threatening. He was released from the hospital on the same day he arrived.
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