Daverion Deauntre Kinard, a 29-year-old man from Fontana, California, died on February 13, 2021, in a tragic incident involving the Fontana Police Department. On the night of his death, Kinard was being sought in connection with a burglary. A resident in the 16500 block of Casa Grande Avenue alerted the police after noticing suspicious activity through a video surveillance system. When officers arrived, they found Kinard inside the residence. Despite being on Post Release Community Supervision following a burglary conviction, Kinard refused to surrender and fled into a nearby tract of model homes under construction.
The situation escalated when officers attempted to establish a perimeter. Officer Johnny Tuitavake confronted Kinard, who was hiding in a portable restroom. Within seconds, Tuitavake fired a single round, striking Kinard in the front of his torso. Despite immediate medical aid, Kinard was pronounced dead at the scene. Notably, no weapon was recovered from Kinard, and the object he was holding turned out to be a lighter.
The aftermath of the shooting led to significant legal and public scrutiny. The city of Fontana agreed to pay $1 million to Kinard's parents in a legal settlement. This agreement came after the family, represented by Douglas/Hicks Law, filed a claim against the city. The settlement included a clause prohibiting both parties from making disparaging comments about each other and restricted public commentary on the agreement's terms.
The incident also sparked an investigation by the San Bernardino County District Attorney's Office to determine if any criminal charges were warranted. Additionally, the Fontana Police Department conducted an internal review to assess whether departmental policies were followed during the incident. Despite the ongoing investigations, Officer Tuitavake remained on duty.
The release of body-worn camera footage from the incident was delayed multiple times, citing concerns about potential interference with the investigation and public unrest. Eventually, the footage was made public, showing the moments leading up to and including the shooting. The video revealed that Kinard was unarmed and holding a lighter, which was initially mistaken for a weapon by the officer.
The tragic death of Daverion Kinard highlights ongoing issues related to police use of force and the handling of such incidents. The legal and public responses underscore the complexities and sensitivities involved in addressing police-involved shootings, particularly when the individuals involved are unarmed.
