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A year later, Kyle Beckman still has many questions after shooting

By Layla Bohm
News-Sentinel Staff Writer
Saturday, April 11, 2009 6:18 AM PDT

Kyle Beckman is frustrated. It has been a year since the Lodi man was arrested in his own driveway as his wife and children watched.

He’s still not happy with the way San Joaquin County Sheriff’s deputies handled the subsequent seizure of his guns, most of which were safely locked away when he opened fire on a vehicle that he felt had almost run him over.

What really upsets him is that, as Beckman was taken away in handcuffs and his family was left defenseless, the driver of that car was turned loose to walk away.

Only later would Beckman learn that the man had spent 10 years in prison for manslaughter and assault.

“I’d just like people in this county to not have to go through what I went through,” he said, sitting in his country home recently, where he had lowered his U.S. flag to half-staff in honor of four Oakland police officers who were killed.

The sheriff’s office declined to comment on Beckman’s complaints.

A car without lights, and gunfire

Beckman’s ordeal began on March 16, 2008, shortly after 10:30 p.m.

Beckman and his wife, Donna, were watching TV in the living room with their two college-aged daughters, who had come home for the St. Patrick’s Day weekend. Their 15-year-old son was asleep.

Their three dogs started barking their “people bark,” meaning that someone was outside, Beckman said. Living in the country, off East Highway 12, which is not connected to West Highway 12, Beckman is used to redirecting lost drivers.

That night, though, he went to the window and saw a car pulling in with no headlights on.

He spent 22 years in law enforcement before retiring, though he still works in investigations, so Beckman’s years of training have stuck with him. The car continued down the driveway, with its lights still off, and he thought something wasn’t right.

Beckman got his Glock 10 handgun and a large flashlight.

He told the women to dial 9-1-1 and headed outside.

His lawman’s instinct told him to go toward the trouble, especially since the driver was heading to the back of the property, where his elderly mother lives.

The car turned around, then backed into a parking space outside his mother’s house. The headlights flashed on and off. Beckman directed his flashlight’s beam at the car and yelled at the driver, asking what he was doing.

The driver didn’t acknowledge him, but instead drove down a side driveway toward the main road. Beckman walked parallel down the main driveway and reached the entrance at the same time as the car.

“I’m shining my light as he’s coming around the corner,” Beckman said, demonstrating his actions. “And I swear he looked like he was under the influence of something.”

The car drove toward him, and Beckman made the decision to move out of the way. He said he realized the driver may have tried to run him over, so he opened fire, aiming at the tires to stop it from leaving.

His daughters started screaming when they heard gunfire. They, along with their mother, had been on the phone with dispatchers during the incident, and deputies arrived at the home.

Beckman, meanwhile, had watched as the car, with two blown tires, drove slowly west along Highway 12. He passed that information to his family to give to dispatchers, then watched in frustration as the flashing lights of patrol cars passed the car to get to his home.

Other deputies did catch up with the car, which by then contained both the male driver as well as a female passenger who was not in the car when Beckman opened fire.

The driver told deputies he was on his way to his girlfriend’s house and got lost, that he was on the phone with her and thought rocks were hitting his car, according to a search warrant affidavit. The girlfriend, on the other end of the phone, recognized the sounds as gunfire.

Between the time of the shooting and when deputies found him, the driver apparently picked up his girlfriend, who gave an address on the other side of the road.

The driver is allowed to leave

The driver, Rafael Vega, was allowed to leave the scene.

Only much later did Beckman learn that Vega had been released from state prison just two months earlier.

Vega was convicted of voluntary manslaughter in a 1998 homicide and sentenced to six years, according to court records. He then was convicted of assault while in prison and sentenced to another four years, according to California Department of Corrections and Rehabilitation records.

To this day, Beckman doesn’t know if Vega was checked for alcohol or drugs, so he doesn’t know if his cop’s instinct was correct.

Five months after the incident at Beckman’s house, Stockton police arrested Vega in connection with a gang-related shooting. Now 28, Vega is currently back in prison after pleading no contest to being a felon in possession of a firearm.

At the scene that night, Beckman cooperated and gave deputies the gun he used.

Beckman says that a sergeant at the scene told him he was not going to be arrested. The sergeant then walked away to take a phone call. When he returned, he told Beckman he was being arrested for assault with a firearm.

Beckman was handcuffed and placed in the back of a patrol car.

Deputies asked if he had any other guns in his house. He told them yes, that the firearms were locked in gun safes. When deputies wanted to take them for safekeeping, Beckman said “no.”

As deputies wrote a search warrant, Beckman was driven half an hour away to the county jail in French Camp. There he was booked and strip searched — something he said was very humiliating.

He remained there until 36 hours had passed, when prosecutors decided not to file charges.

Deputies seize the guns

Meanwhile, deputies still wanted the rest of the guns in Beckman’s house.

They checked a box on the warrant form saying there was probable cause to seize items that may have been “used as the means of committing a felony,” though Beckman had given them the gun he used.

The warrant also mentioned that the guns would be kept for safekeeping, which Beckman argues is not a valid reason under California’s Penal Code.

Beckman had plenty of experience with search warrants during his years with the Bakersfield Police Department and then the Kern County District Attorney’s Office. He spent a year on an FBI task force, and still has a framed letter signed personally by then-Director Louis J. Freeh, commending Beckman for his involvement, especially on a raid with four arrests and 17 search warrants.

Deputies woke up Judge Ron Northup, who signed the warrant.

Donna Beckman cooperated and unlocked the safes that held guns that had been in the family for years.

“I can’t tell you how many deputies we had in this house,” she said. “Some were picking (the guns) up and saying, ‘Oooh, look at this one.’”

The deputies finally left, taking the guns with them. The driver had since been turned loose, his car towed away because it had been shot 11 times.

Donna Beckman was alone with no protection for her children and her 79-year-old mother-in-law, who had slept through the entire incident.

“I didn’t know if the guy was going to come back and shoot us all,” his wife, Donna Beckman, said. “I just had to try to be strong for my kids.”

She was already on edge because, exactly two weeks earlier, someone had broken into her vehicle parked on the property.

Aftermath: So ‘mistakes’ are avoided in the future

Beckman eventually got home and went through the required paperwork to get his guns back. It took six months.

He filed a complaint with the Sheriff’s Office and says an assistant sheriff ultimately told him the case would be handled the same way if it happened all over again. Needless to say, the Beckmans weren’t happy with that response.

“The judge believed what was fed to him, which he should be able to do, but he was fed misinformation,” Donna Beckman said.

The Beckmans pointed to a paragraph in the affidavit, in which a detective says Beckman told deputies he’d recently been threatened and thought the driver could be connected to it. Beckman adamantly denies saying that, and says he hadn’t been threatened in years since retiring from his law enforcement job.

Sheriff’s spokesman Deputy Les Garcia declined to comment, noting that Beckman is still in communication with the Sheriff’s Office and has mentioned possible litigation.

He also did not comment on more specific questions, including Beckman’s allegation that an assistant sheriff made veiled threats about his job (Beckman works part-time as an investigator for the Probation Department).

“It’s inappropriate for me to comment on this case, based on the fact that Mr. Beckman is attempting to continue avenues of investigative measures,” Garcia said Tuesday.

Beckman, who has dealt with plenty of lawyers over the years through work and was once involved in a union wage dispute, said he didn’t file a claim (the precursor to a lawsuit) and didn’t want to take legal action.

He’s the type who, when he’s home, wears shorts and a “Life is good” shirt.

Beckman’s biggest concern is that deputies learn from what he believes are mistakes, so it doesn’t happen all over again.

Contact reporter Layla Bohm at layla@lodinews.com.

Reader Feedback

tired wrote on Apr 18, 2009 9:05 PM:

" Typical of the good ol' San Joaquin Sheriff's Department. What a joke of an organization. Somebody needs to hold these idiots accountable! "

Nell wrote on Apr 14, 2009 12:51 PM:

" Way to go Mr. Beckman! I only wish that our "dutiful" Sheriffs dept. was a little more attentive to all the details. I can't believe that they didn't take Vega in for further questioning as well. And we are supposed to depend on Law enforecement to come to our aide? I can only hope that law enforcement learns someting about "going by the Book" not just a page on this one. "

OTH wrote on Apr 14, 2009 11:04 AM:

" Could the young lady possibly have left a light on to help Vega find her house? "

radman1 wrote on Apr 13, 2009 10:08 PM:

" NEXT TIME MR B. SHOULD COME OUT WITH HIS SHOTGUN HOPEFULLY LOADED WITH 6 ROUNDS OF BUCK SHOT AND THE LAST 3 WITH SLUGS. AND THEN ONLY HE COULD TELL THE STORY. LAST TIME I CHECKED WHEN IM PULLING INTO A LONG DRIVEWAY AT NIGHT MY LIGHTS ARE ON. "

weezer wrote on Apr 13, 2009 11:45 AM:

" Beckman, Vega, and the deputies all erred. "

gclockeford wrote on Apr 13, 2009 6:17 AM:

" kiki: You make it sound as though Mr.B knew the record of the individual in the vehicle. It could just have easily been a couple of teenagers looking for a place to park.

Yes, Lethal force was used. Last time I checked a 9mm semi-auto was considered lethal. If you don't know what defines lethal force, ask Mr.B, I'm sure,as a former Peace Officer, he was trained to know. It is fortunate for Mr.B there was no loss of life or serious injury.

The article was not clear about the vehicle location when Mr.B discharged his weapon but it did state they both reached the entrances simultaneously before it turned towards him.

Yes, Mr.B is pleading his case in a public forum to gain support for his actions. He made a bad decision. Good people have been known to make bad decisions too.

Yes, I would hope that if I required assistance the SJSO would respond quickly but if a situation called for defending my family and home I am prepared to do so. Having said that, I would not leave them unprotected to pursue a vehicle off my property to a public roadway. "

dogbark wrote on Apr 12, 2009 8:41 PM:

" I wish people could read better.
Mr. Beckman was once one of the Khaki's.
How many times during the Baxter years did he look the other way and not speak up when ordinary citizens received this same treatment.
Look how quick the boys got a judge to hop thru the hoop.
These same judges told citizen complainers for years that Baxter and his boys were 'sworn' officers of the badge.
Wah wah wah, Mr. Beckman. Sleep in that bed now. "

kiki wrote on Apr 12, 2009 8:27 PM:

" To gclockeford, it is one thing to pull into the wrong driveway. It is quite another for a convicted killer to pull into the wrong driveway with his lights out, late at night, and flash his headlights a few times as if to signal someone while parked next to an elderly woman's home.

There was no lethal force used because Beckman was trying to shoot the tires, not the driver (which he did). And it clearly states in the article that it was on Beckman's property and not on the public roadway. No one can say for sure what they would do if they felt threatened in the way that Beckman was threatened but I know that he was doing the best he could to protect and defend his home and family. There is no case for the newspaper to plead because this is what happened that night. The Sheriffs department has not commented nor disputed this account.

I just have one question. Do you think the Sheriffs department would help you in your time of need? Their track record is definitely not in your favor! "

anayud wrote on Apr 12, 2009 2:55 PM:

" Questions for Mr. Beckman: Why did you instruct the women to call 9-1-1? As an ex-cop you should have known that the Sheriff's Dept. exists not to Help, but to Hassle and Hinder. Why did you shoot at a car which was leaving your property without harming anything? Obviously you were still thinking like a cop. Why did you give up your pistol to the deputies? As an ex-cop you should have realized that it is dumb to give up your firearm to any police agency. Why did you believe the deputy when he said you wouldn't be arrested? Come now man, you should have known that making arrests, even of innocent people, is how they earn brownie points. Why did you tell them that you had other firearms? As a former cop you should have known that they wanted the firearm for themselves and not to safeguard them. You were lucky to get them back. Most people don't. "

gclockeford wrote on Apr 12, 2009 12:00 PM:

" Hope you never pull into the wrong driveway!

As a law enforcement officer he should know about LETHAL force escalation. Basically, a suspicious vehicle entered his property and exited. He then stepped in the path of a vehicle, at night, without lights on and then claims the driver was attempting to assault him with it ?? The vehicle had exited and was on a public roadway where Mr. Beckman was standing? He chose to step aside and fire at a vehicle that no longer posed a threat.

It must be comforting to have the local newspaper at your disposal to plead your case. The events of Mr. Beckman's arrest are no different than how any other citizen would have been dealt with in the system. If he did not violate any laws it will be determined in the proper forum, court. "

OTH wrote on Apr 11, 2009 9:46 PM:

" At night the sheriff's deputies that are on duty are spread far and wide from one end of the county to the other.

Sam, you're right, shoot first and ask questions later. If nothing else tell the sheriff it was the damned case of suicide you ever witnessed. :)

Living in the country is different now than it used to be. Some of the skunks are black or white but they have 4 legs. "

Cogito wrote on Apr 11, 2009 9:45 PM:

" Beckman, some advice: 12 guage, 00buck or rifled slugs, and aim about 3 feet above the tires, through the windows. "

Cogito wrote on Apr 11, 2009 9:44 PM:

" Bob, last time I checked, no new firearm prohibiting laws were passed by a Republican. you want to know which candidates support gun rights? Check out who the NRA gives campaign contributions. While there are Democrats who believe in our right to bear arms, the majority of the recipients of NRA money are Republicans. God bless any politician who supports the 2nd Amendment to the US constitution. Hey Leonard! "

Cogito wrote on Apr 11, 2009 9:38 PM:

" Sam, once again, you ROCK! "

Cogito wrote on Apr 11, 2009 9:36 PM:

" Lodian, not all guns have to be registered. All my guns that require registration, are registered. Many of the ones I have, I've had for up to 40 years. Most don't require registration, but they're just as deadly as the ones that do. By the way, I don't hunt. "

Bob Hussein Loblaw wrote on Apr 11, 2009 9:06 PM:

" This is so typical Lodi. We hear one side of the story and the usual cast of bloggers take it as gospel.

Cogito, this happened over a year ago, when your beloved right wing gestapo was still in charge. Of course, that doesn't stop you from blaming the dems, your typical m.o.

Beckman shoots a car -- that is leaving the scene -- eleven times? You're not Dirty Harry. Just get the license plate and call the cops. "

sam wrote on Apr 11, 2009 6:56 PM:

" Living in the country I know this is happening all too frequently. The last time a car drove around our house without headlights on our property at 2 am he was met with our alarm blaring as well as shot gun blasts and 9 mm slugs.

No time to call the sheriif, who shows up 4 hours later.

Kyle, I have read your story. I have learned from your experience. We are purchasing more guns.
Thank you. "

t jefferson wrote on Apr 11, 2009 6:18 PM:

" Ah yes Lodian, why aren't those nasty evil guns registered. Nothing worse to a liberal than someone who wish to protect themselves. New flash Einstein, not required yet in this country. I know the great one BO and his ilk want to, but we still have a little freedom in this country. You will probably get your way some day, but shortly thereafter you will be in chains anyway so it doesn't make a difference...... "

Great American Trucker wrote on Apr 11, 2009 5:58 PM:

" This is typical, and happened once here as well. Police show up to execute a warrant in the belief that a felony had been committed and siezed property including firearms. Three months later, no word on an arrest or charges. Phoned Sac Co. District Atty's office who told me, "nope, we looked at that case months ago and thought it was laughable - we're not filing any charges." When told that property was being illegally held by PD, I was told, "yeah, that figures. I'll make a phone call." Two days later, all property was returned. If firearms are siezed, good luck getting them back! Several firearms taken were worth over one thousand dollars, and I'm sure officers were waiting around that property room in hopes that I would never return so that they could be first in line for the auction. (ahem.)

Question authority. Always. "

watchit wrote on Apr 11, 2009 5:38 PM:

" This is a travesty against the rights of a a law-abiding citizen. Thank God Mr. Beckman was not harmed. This is just the tip of the iceberg. The day will come when it's illegal to defend yourself against an armed intruder on your own property. What a disgrace. "

watchit wrote on Apr 11, 2009 5:33 PM:

" Lodian: The reason one might have unregistered firearms is because not all firearms are required to be registered...shotguns, for example. "

lodivice wrote on Apr 11, 2009 5:09 PM:

" Big Dog Outside, Big Gun Inside & All Is Well "

Lodian wrote on Apr 11, 2009 3:19 PM:

" Cogito: Why do you have unregistered firearms? "

SJUNE74 wrote on Apr 11, 2009 1:04 PM:

" What happen the bullets in the TIRES??? Leaving His Family Unprotected!!!Maybe these people(COPS) need to have it happen to their own Family to know what others went thru!!!Letting the guilty go free!!! "

Whoa Nellie! wrote on Apr 11, 2009 8:31 AM:

" That's one giant case of Gun Envy. "

Cogito wrote on Apr 11, 2009 8:17 AM:

" The Gestapo is never wrong. Get used to this kind of thing happening as the liberals get more power. They hate the fact that ordinary citizens can protect themselves with firepower. The best thing you can do is to hide all your unregistered firearms in a safe place, away from the confiscators. "

t jefferson wrote on Apr 11, 2009 8:06 AM:

" If the government does this to one of their "own", imagine if this had just been a regular taxpayer. This state is so far over the top with violations of the 2nd, 4th and 14th amendment, there need to be a class action lawsuit against every LE agency. SUE, SUE SUE, it is the only way these people will learn they do not have the right to treat everyone like criminals. For all you liberals out there, this is what happens when you get your way and people are no longer responsible for themselves and the govt takes over. HS losers with guns and badges running amok in the countryside. Welcome to Kalifornia. "

Gator wrote on Apr 11, 2009 8:03 AM:

" Calling Inspector Clouseau !!!! "

joesr wrote on Apr 11, 2009 7:46 AM:

" I say SUE! "

Comments on this story are now closed.