On May 20, 2023, 25-year-old Brian Ray Smith of Bakersfield, California, was fatally shot on Lincoln Avenue near Oildale Drive. The incident occurred around 9:36 p.m., and Smith was pronounced dead at the scene.
Surveillance footage revealed that Smith and another individual arrived in a white pickup truck outside a smoke shop and casino. The truck performed a doughnut in the intersection before parking.
Two men, later identified as 20-year-old Omar Perez-Rodriguez and 18-year-old Fabian Huerta, exited the casino and observed the truck's occupants. A confrontation ensued, during which Smith grabbed Huerta by the neck and stabbed him multiple times. Huerta managed to break free, and Smith then advanced toward Perez-Rodriguez while wielding the knife. Perez-Rodriguez fired a warning shot that missed, but as Smith continued to charge, he fired a second shot, fatally wounding Smith.
Following the incident, both Perez-Rodriguez and Huerta were arrested and charged with second-degree murder. However, during a preliminary hearing in November 2023, a Kern County judge dismissed the charges, citing insufficient evidence and determining that the defendants acted in lawful self-defense. The judge concluded that Perez-Rodriguez used deadly force only when it became absolutely necessary to protect himself and Huerta from death or great bodily injury.
The Kern County District Attorney's Office indicated that the investigation remains ongoing and that they will decide on further actions upon its completion. As of now, no additional charges have been filed in connection with the case.
